HomeMy WebLinkAbout1/1/1971 - ORDINANCES ORDINANCE NO. 889
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 8153.12 OF DIVISION 8 OF THE PALM
I SPRINGS ORDINANCE' CODE CONCERNING SIGNS IN NEIGHBOR-
HOOD AND REGIONAL SHOPPING CENTERS.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN
AS FOLLOWS:
SECTION 1. Section 8153.12 of Division 8 of the Palm Springs Ordinance
Code is hereby amended by adding the following:
8153. 121 MAJOR STORES NOT HAVING STREET FRONTAGE. Retail estab-
lishments which have a floor area in excess of fifty
thousand (50,000) square feet and are so located within
a shopping complex that they are not afforded street
frontage for adequate identification shall be allowed
signs as follows :
A. One (1) single-face sign per major or secondary
street frontage, not to exceed fifty (50) square
feet in area per store affected. Said sign shall
be allowed for no more than two (2) street front-
ages.
I B. The location of said signs shall be determined by
the Planning Commission and shall be located in
an area which is in accordance with the provisions
of this Ordinance and, in the opinion of the Plan-
ning Commission, in keeping with the architectural
design of the shopping center.
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and
effect thirty (30) days after passage.
SECTION 3o PUBLICATION. The City Clerk is hereby ordered and directed
to certify to the passage of this Ordinance, and to cause same to be
published once in THE DESERT SUN, a daily newspaper of general circula-
tion, printed, published and circulated in the City of Palm Springs,
California.
ADOPTED this llth day of January 1971.
AYES: Councilmen Foster, McCoubrey, Pitts, Purcell, and Mayor Wiefels
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
F. D. ALESHIRE
Gi�t Cle k �
\ Deputy City Clerk Mayor
APPROVED AS TO FORM CONTEN APPROVED
City Attorne Director of_YTanning and Development
Date Date /,R 41-2 D
7-B
s
I hereby certify that the foregoing Ordinance 889 was duly adopted
by the City Council of the City of Palm Springs in a meeting thereof
held on January 11, 1971, and that same was published in THE DESERT
SUN, a newspaper of general circulation, printed, published, and
circulated in the City of Palm Springs, California on January 22, 1971.
Dated this 22nd day of January, 1971.
F. D. ALESHIRE I
City Clerk
BY: JUDITH SUMICH
l� Deputy City Clerk
I
ORDINANCE NO, 890
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTIONS 9301.00-F AND 9405.01 OF DIVISION 9
OF THE PALM SPRINGS ORDINANCE CODE REGARDING MECHANICAL
EQUIPMENT IN YARD AREAS.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN
AS FOLLOWS.
SECTION 1. Section 9301.00-F of Division 9 of the Palm Springs Ordinance
Code is hereby amended to read as follows :
F. Mechanical Equipment in Residential Yards
For any building erected in residential zones, no
water heaters, heating, ventilating, air conditioning
equipment or ducts, miscellaneous motors or pumps
shall be installed above ground in any yard area,
except as provided in Section 9405.01 (Administrative
Minor Modification) .
SECTION 2. Section 9405.01 of Division 9 of the Palm Springs Ordinance
Code is hereby amended by adding the following:
12. Mechanical Equipment in Residential Yards : If a hard-
ship exists in regard to location of mechanical
equipment, the Director of Planning and Development or
his authorized agent may approve a location within a
yard area, provided it is determined that said location
' I1 i....... A..-r4 '1 rr adjacent
n I n a �mnc .tal affect on adjacent
properties.
SECTION 3: EFFECTIVE DATE, This Ordinance shall be in full force and
effect thirty (30) days after passage.
SECTION 4. PUBLICATION. The City Clerk is hereby ordered and directed
to certify to the passage of this Ordinance, and to cause same to be
published once in THE DESERT SUN, a daily newspaper of general circula-
tion, printed, published and circulated in the City of Palm Springs,
California.
ADOPTED this 22nd _ day of February 1971.
AYES: Councilmen Foster, Pitts, .Purcell and Mayor Niefels
NOES: None
ABSENT: Councilman McCoubrey
ATTEST: CITY OF PALM SPRINGS CALIFORNIA
F. D. ALESHIRE
G 't y�'A' rlC
++\\ J—
_..Deputy City Clerk -;Mayor
APPROVED AS TO FORM CONTENTS APPROVED
at;,1u,irney D .r .cL r of /limning cnu Iieveiopmen i
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I hereby certify that the foregoing Ordinance 890 was duly adopted
by the City Council of the City of Palm Springs in a meeting thereof
held on February 22, 1971, and that same was published in THE DESERT
SUN, a newspaper of general circulation, printed and published, and
circulated in the City of Palm Springs, California on March 6, 1971.
Dated this 8th day of March, 1971.
F.D. ALESHIRE I
City Clerk j
� �BY: JUDITH SUMICH
Deputy City Clerk
I
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Ordinance No. 891 was not used.
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ORDINANCE NO. 892
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADDING ARTICLE 205 TO DIVISION 2 OF THE PALM SPRINGS
ORDINANCE CODE REGULATING THE USE AND OPERATION OF
SEARCHLIGHTS WITHIN THE CITY OF PALM SPRINGS, PROVID-
ING FOR 'THE ISSUANCE OF PERMITS AND THE PAYMENT OF
FEES THEREFOR
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN
AS FOLLOWS:
SECTION 1. Article 205 of Division 2 of the Palm Springs Ordinance
Code is hereby added as follows :
ARTICLE 205
SEARCHLIGHTS
2051. REGULATION OF SEARCHLIGHTS. PERMIT REQUIRED. No person
shall use or permit to be used any type of light, commonly
designated as a "searchlight", for the purpose of advertis-
ing, or for any other purpose, without first securing a
separate written permit from the Director of Planning and
Development for each such location at which a searchlight
is desired to be used or operated. This section shall
not apply to any governmental agency.
I 2052. OPERATI::G REGL'LAT10":S. Any searchlight operated ..ithin the
City shall comply with the following regulations:
A. Searchlights may be used for grand openings and
special occasions and not on a continuing basis
I
or permanent advertising or identification
purposes.
B. Searchlights shall not be operated so as to constitute
a traffic hazard or a nuisance to adjacent ,or surround-
ing properties.
C. Searchlights shall be so operated so as to avoid
directing the beam at any building.
D. Searchlights shall be so operated that the beam is not
displayed at an angle greater than forty-five (45)
degrees from the vertical.
E. Equipment shall be kept on private property and shall
net be allowed within the public right-of-way.
F. Searchlights shall not be operated :in violation of
the provisions of 'Section, ',' 9000.03 of the Palm
Springs Ordinance Code.
2053. TIME LIMIT. No permit shall be issued for a period longer than
seven (7) days. A permit shall be renewable for good cause
shown.
2054. REVOCATION OF PERMIT. Any permit issued by the Director of
Planning and Development may be revoked by him at any time in
the event he finds that the owner or operator thereof has
failed to operate the same in accordance with the provisions
of 2052.
Ordinance No. 892
Page 2
2055 . APPLICATION FOR PERMIT. Any person desiring to operate or
use a searchlight in the City shall file with the Director
of Planning and Development an application therefor on forms
to be provided by said Director of Planning and Development.
Said application shall contain the following information:
A. The name and address of the person making
application.
B. The purpose for which the permit is sought.
C. Th,= location at which it is desired to use
or operate a searchlight.
D . The period for which a permit is desired"
E . The hours during which the searchlight is to
be operated.
F. The name of the person who will be in charge
of operating the searchlight,
2056 , FEES. To defray the cost to the City of administering the pro-
visions of this Article, them shall be payable in advance to
the City of Palm Springs by each applicant a fee of ten dollars
($10.00) . Such fee shall be in addition to any other licenses
or fees required by any other law of the City. No fee shall be
required for a permit renewal at the same location at any time
within fifteen (15) days after expiration of a prior permit
period.
2057 . INSURANCE. The applicant may be required to show evidence Of
insurability by having liability and property damage insurance
in force at all times during the time a permit is in effect in
sufficient amounts ro protect permi,ttee from liability, and to
hold the City harmless from any damages, claims or causes of
action, by reason of the issuance of the permit and operation
of said searchlight.
SECTION 2. EFFECTIVE DALE . This Ordinance shall be in full force and
effect thirty (30) days afbcr passage.
SECTION 3, PUBLICATION. The City Clerk is hereby ordered and directed
to c--rtify. to the passage of this Ordinance, and to cause same to be
published once in T" E DESERT SUN, a daily newspaper of general circula-
tion, printed, published and circulated in the City of Palm Springs,
California,
ADOPTED this 22nd day of March 1971,
AYES: Councilmen Foster, Pitts and Mayor Wiefels
NOES: None
ABSENT: Councilmen McCoubrey and Purcell
ATTEST- CIT'Y OF PALM SPRINGS, CALIFORNIA
F. D. ALESIIIRE
City Cle k
J
R.ey(uty City Clerk Mayor
APPROVED AS TO FORM: CON?EN'LS APPROVED:
✓Cittoiney �� D r ctor of P/1Snning & Development
Date
�� - >t Dace 3 .
�- _ -----
4
I hereby certify that the foregoing Ordinance 892 was duly adopted
by the City Council of the City of Palm Springs in a meeting thereof
held on March 22, 1971, and that same was published in THE DESERT SUN,
a newspaper of general circulation, printed and published, and circulated
in the City of Palm Springs, California on March 31, 1971.
Dated this 31st day of March, 1971.
F.D. ALESHIRE
City Clerk
JBY: JUDITH SUMICH
Deputy City Clerk
I
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ORDINANCE NO. 893
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 9306.00-A OF THE ZONING ORDINANCE TO
PROVIDE REGULATIONS FOR PARKING AND/OR STORING OF
TRUCKS, BOATS AND RECREATIONAL VEHICLES IN RESIDENTIAL
ZONES.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN
AS FOLLOWS:
SECTION 1. Section 9306.00-A-7 of Division 9 of the Palm Springs Ordinance
Code is hereby amended to read as follows :
7> A residential trailer shall not be stored or parked in
any zone other than an R-TP (Residential Trailer Park)
zone or a Planned Development District designated for.
an R-TP use.
SECTION 2. Section 9306.00-A of Division 9 of the Palm Springs Ordinance
Code is hereby amended by adding the following:
8e TRUCKS
The parking and/or storage of trucks exceeding a height
of six and one-half (6 1/2) feet and/'or twenty (20) feet
in length shall be prohibited in any residential zone
unless within an enclosed building, providing, however,
that said restriction shall not apply to trucks used
during pick-up and delivery or during construction or
repair work while in service.
9, BOATS AND TRAVEL TRAILERS
The parking and/or storing of boats and travel trailers
shall be prohibited in any residential zone except as
follows :
a. Said vehicle is stored or parked in an R-TP (Resi-
dential Trailer Park) zone or a Planned Development
District designated for an R-TP use.
b, Said vehicle is temporarily parked for a period of
time not to exceed forty-eight (48) consecutive hours,
and not less than seventy-two (72) hours shall elapse
between the last storage period and any subsequent
storage period.
C. Said vehicle is located within an enclosed building.
d. Said vehicle is stored or parked outside of any
required front, side front, side or rear yard and
screened from view from any adjoining property or
street.
Where the parking or storage of such vehicles is permitted as
Provided above, said vehicle shall not be used for living,
sleeping or housekeeping purposes,
Ordinance No. 893
Page 2
10. CAMPERS AND MOTOR HOMES
The parking or storing of campers and motor homes shall be
prohibited in any residential zone except as follows :
a. Said vehicle is stored or parked in an R-TP (Residential I
Trailer Park) , R-2, R-3, R-4 or R-4-VP zone or in a Plan-
ned Development District designated for an R-TP use,
provided said vehicle is parked or stored on private
property and not within any public right-of-way.
b, Said vehicle is temporarily parked for a period of time
not to exceed forty-eight (48) consecutive hours, and
not less than seventy-two (72) hours shall elapse be-
tween the last storage period and any subsequent storage
period.
c. Said vehicle is located within an enclosed building.
d. Said vehicle is stored or parked outside of any required
front or side front yard and screened from view from any
adjoining property or street.
11here the parking or storage of such vehicles is permitted as
provided above, said vehicle shall not be used for living,
sleeping or housekeeping purposes.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and
effect thirty (30) days after passage.
SECTION 4> PUBLICATION. The City Clerk is hereby ordered and directed I
to certify to the passage of this Ordinance and to cause same to be pub-
lished once in THE DESERT SUN, a daily newspaper of general circulation,
printed, published, and circulated in the City of Palm Springs,
California.
ADOPTED this 26th day of April 1971.
AYES: Councilmen Foster, McCoubrey, Pitts, Purcell and Mayor Wiefels
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
F. D. ALESHIRE
City Q rk
Deputy City Clerk T—� Mayor t
APPROVED AS TO FORM CONTENTS �APPROVED
;2 r" %
// ' City' AtTol-n' Director of P/l nine F Development
Date — — 71 Date 7/S/'� /
I hereby certify that the foregoing Ordinance 893 was duly adopted by the City
Council of the City of Palm Springs in a meeting thereof held on April 26, 1971,
and that same was published in THE DESERT SUN, a newspaper of general circulation,
printed, published, and circulated in the City of Palm Springs, Calif. on April 30,
1971.
Dated this 30th day of April, 1971. > F.D. ALESHIRE
City Clerk
/ BY: JUDITII SUMICH
1 2, {,
ORDINANCE NO. 894
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMT-LADING DIVISION 9 OF THE PALM SPRINGS ORDINANCE
CODE FOR A CHANGE OF ZONE FROM R-2 TO Pc-1--A FOR
PROPERTY LOCATED ON TEE SOUTH SIDE OF CHINO DRIVE,
WEST OF CANUILLA PLACE, SECTION 10 .
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN
AS FOLLOWS:
SECTION 1. Pursuant to Section 9100,03-b of Division 9 of the Palm
Springs Ordinance Code, the official Zoning Map of the City of Palm
Springs referred to therein is hereby amended as follows :
Tone Change: The property legally described as that portion of
Lot 3, in Block 3 of Vista Acres, as per map or,
file in Book 11 , page 2 of Maps, Records of
Riverside County, California, is hereby zoned
from R-2 (Limited Multiple Family Residential)
to R-l--A (Single Family Residential) .
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and
effect thirty (30) days after passage.
I SECTION 3, PUBLICATION. The City Clerk is hereby ordered aad directed
to certify to the passage of this Ordinance , and to cause same to be
published once in THE DESERT SUN, a daily newspaper of general circula.--
Lion, printed, published and circulated in the City of Palm Springs,
California.
ADOPTED this _ 24thh _ day of — — ,yla ` 1971,
AYES: Councilmen Foster, McCoubrey, Purcell and Mayor _Wiefels
NOES: None
ABSENT:Counail.man Pitts
ATTEST: CITY OF PALM SPRINGS, CALIFe'?Ethlttl
D, ALESHIRE
Ci ty ?m k
Dapuzy Cizy Clerk ayor ' ^
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APPROVED AS TO FORM CONTENTS APPROVED
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I hereby certify that the foregoing Ordinance 894 was duly adopted by the
City of Palm Springs City Council in a meeting thereof held on May 24, 1971,
and that same was published in THE DESERT SUN, a newspaper of general cir-
culation, printed, published, and circulated in the City of Palm Springs,
California on May 28, 1971.
I Dated this 28th day of May, 1971.
F. D. ALESHIRE
City Clerk
'61
BY: JUDITH SUMIC�
Deputy City Clerk
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ORDINANCE NO, 895
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING DIVISION 9 OF TILE PALM
SPRINGS ORDINANCE CODE FOR A CHANGE OF ZONE
FROM W-2 TO R-TP FOR PROPERTY LOCATED IN
SECTIONS 28 AND 29, T4S , RSE , EAST AND SOUTH-
EAST OF TIM PALM SPRINGS MUNICIPAL GOLF COURSE.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN
AS FOLLOWS :
SECTION 1 . Pursuant to Section 9100.03-b of Division 9 of the
Palm Springs Ordinance Code, the official Zoning Map of the City
of Palm Springs referred to therein is hereby amended as follows:
Zone Change: The property described as a portion of Lot 17
and all of Lot 16 in Section 29, T4S , RSE,
SBB&M of Palm Valley Colony Lands, as shown
by map on file in Book 14, Page 652 of Maps,
Records of the Recorder of San Diego County,
California, and the property described as the
S 1/2 of the SW 1/4 of the NW 1/4, and the
NW 1/4 of the SW 1/4, and the N 1/2 of the
SW 1/4 of the SW 1/4 of Section 28, T4S , RSE,
SBB&M are hereby zoned from W-2 (Controlled
Development) to R-TP (Residential Trailer Park) ,
excepting that portion zoned "W" (Watercourse)
(Tahquitz Channel) which shall remain as "W"
1 (Watercourse) .
SECTION 2. EFFECTIVE DATE, This Ordinance shall be in full force
and effect thirty (30) days after passage.
SECTION 3 . PUBLICATION: The City Clerk is hereby ordered and
directed to certify to the passage of this Ordinance, and to cause
same to be published once in THE DESERT SUN, a daily newspaper of
general circulation,- printed, published and circulated in the City
of Palm Springs, California.
ADOPTED this 14th day of June , 1971.
AYES: Councilmen Foster, McCoubrey, Pitts, Purcell and Mayor Wiefels
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
F. D. ALESHIRE
City Clerk
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�De uty City Clerk Mayor
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APPROVED AS TO FORM: CO F� S APPROVEDy
—N City Attorneyf Directo�4 Planning & Development
Date_ 171 Date
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I hereby certify that the foregoing Ordinance 895 was duly adopted by the
City Council of the City of Palm Springs in a meeting thereof held on
June 14, 1971, and that same was published in THE DESERT SUN, a newspaper
of general circulation, printed, published, and circulated in the City of
I Palm Springs, California on June 18, 1971.
Dated this 18th day of June, 1971.
F. D. ALESHIRE
City Clerk
BY; JUDITH SUMICH
Deputy City Clerk
I
298
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ORDINANCE NO, 896
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING DIVISION 9 OF THE
PALM SPRINGS ORDINANCE CODE FOR A CHANGE OF
ZONE FROM W=2 TO R-TP AND FROM' C-P TO C-1 FOR
IPROPERTY LOCATED IN SECTION 29, T4S , R5E,
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN
AS FOLLOWS:
SECTION 1, Pursuant to Section 9100.03-b of Division 9 of the Palm
Springs Ordinance Code, the official Zoning Map of the City of Palm
Springs, California, referred to therein is hereby amended as follows:
Zone Change: The property described as all that portion of
Lots 18 and 31, and portions of Lots 17 and 32
of Section 29, T4S , R5E, SBB&M of Palm Valley
Colony Lands as recorded in Book 14, Page 652,
Records of San Diego County, is hereby zoned
from W-2 (Controlled Development) to R-TP
(Residential Trailer Park) excepting an area
two hundred fifty (250) foot in depth and
parallel to Highway III which is presently
zoned C-P (Restricted Commercial) is hereby
zoned to C-1 (Central Retail Business) .
SECTION 2, EFFECTIVE DATE, This Ordinance shall be in full force
and effect thirty (30) days after passage.
SECTION 3. PUBLICATION, The City Clerk is hereby ordered and directed
to certify to the passage of this Ordinance, and to cause same to be
published once in THE DESERT SUN, a daily newspaper of general circu-
lation, printed, published and circulated in the City of Palm Springs,
California.
ADOPTED this 14th day of June 1971.
AYES: Councilmen Foster, Pitts, Purcell and Mayor Wiefels
NOES: None
ABSENT: None
ABSTAINED: Councilman McCoubrey
ATTEST; CITY OF PALM SPRINGS, CALIFORNIA
F. D. A'LESHIRE
City Clerk
By�l \ �.�,� — _ 3 i4At.,+r�..A' �''Ce.C.t..@:�, ,_.`''�'._:.�.
�Depfity City Clerk Mayor
APPROVED
AS
TO FORM: CO ?1 'S APPROVED:
`TCity Attorney if Director Planning & Development
Date �1j / _ �� Date
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CITY OF PALM FRIG 3 --�
I O.ASE IN 0. Annexation No. 14 APPROVED BY PLAN, COMM. T:A-rEz 5-5-71
o APPLICANT Anuel Town Sound, Inc. APPROVED BY COUNCIL U,xaf E ----
6:°LNlANKS � — -- -- -- --- ORD, WO. RESOL. NO.
301
I hereby certify that the foregoing Ordinance 896 was duly adopted by the
City Council of the City of Palm Springs in a meeting thereof held on
I June 14, 1971, and that same was published in THE DESERT SUN, a. newspaper
of general circulation, printed, published, and circulated in the City of
Palm Springs, California on June 18, 1971.
Dated this 18th day of June, 1971.
F. D. ALESHIRE
City Clerk
BY: JUDITH SUMICH
Deputy City Clerk
I
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I
ORDINANCE NO. 897
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA
AMENDING DIVISION 9 OF THE PALM SPRINGS ORDINANCE
CODE REGARDING CONSTRUCTION OF BUILDINGS HIGHER THAN
THIRTY-FIVE (35) FEET.
ITHE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN
AS FOLLOWS:
SECTION 1. Section 9304.00-A of Division 9 of the Palm Springs Ordinance
Code is hereby amended to read as follows:
A. The applicant shall submit the following in triplicate:
1. Topographic map showing original grading and
proposed grading
2. Diagram showing conformance of proposed building
to required setback lines
3. Site plan indicating location of buildings, signs,
parking, landscaping and recreational facilities
4. Sketches of elevations of proposed building show-
ing floor plans, color, texture, materials and
signs
SECTION 2. Section 9304.00-B (Balcony Requirement) of Division 9 of. the
Palm Springs Ordinance Code is hereby deleted.
SECTION 3. Section 9304.00-C of Division 9 of the Palm Springs Ordinance
Code is hereby renumbered to Section 9304.00-B.
SECTION 4. Section 9304.00-D of Division 9 of the Palm Springs Ordinance
Code is hereby renumbered to Section 9304.00-C and is amended to read as
follows :
C. Fifty (50) percent of a site area for a highrise building
shall be developed as usable landscaped open space and
outdoor living and recreation area and shall be so desi-
gnated on the site plan. The remaining fifty (50) percent
of a site area may be used for buildings and parking. Re-
quired landscaping for surface parking areas shall not be
included in the fifty (SO) percent open space requirement.
To insure that all required open space shall remain in
perpetuity, the owner shall offer to dedicate development
rights for all open space required by this Ordinance.
SECTION S. Section 9304.00-E of Division 9 of the Palm Springs Ordinance
Code is hereby renumbered to Section 9304.00-D and is amended to read as
follows:
I D. Maximum height of highrise buildings shall be sixty (60)
feet. An additional fifteen (15) feet maximum may be
allowed for stairways, elevators, and mechanical equip-
ment on the roof, provided the bulk of the building does
not appear to be over sixty (60) feet.
SECTION 6. Section 9304.00-F (Shadows) of Division 9 of the Palm Springs
Ordinance Code is hereby deleted.
SECTION 7. Section 9304.00-G of Division 9 of the Palm Springs Ordinance
Code is hereby renumbered to Section 9304.00-E and is amended to read as
follows:
2-B
AM
Ordinance No. 897
Page 2
E. A highrise building shall have a minimum setback of
three (3) feet of horizontal setback distance for each
one (1) foot of vertical rise of the building. This
setback--requirement is to be measured from property
lines except when a site in question abuts a street.
Then it shall be measured from the right-of--way line
on the opposite side of the abutting .street. The I
City's General Plan Street Plan shall be used to deter-
mine the right-of-way line, and in no case shall more
than one hundred (100) :feet of street right-of-way be
used in determining a setback distance. The minimum
setback for any structure, regardless of height, shall
be fifty (50) feet, as measured from any property line.
SECTION 8. Section 9304.00-H of Division 9 of the Palm Springs Ordinance
Code is hereby renumbered to Section 9304.00-F and is amended to read as
follows:
F. Proximity to low-density development: Pdhen a highrise
building can or will be viewed from an R-1 zone or pro-
perties in an area designated on the General Plan for
low-density residential development, said highrise build-
ing shall have a minimum setback from the closest part of
said R-1 zone or low-density residential designation of
six (6) feet of horizontal distance for each one (1) foot
of vertical rise of the building, as measured in "E" above.
SECTION 9. Section 9304.00-I of Division 9 of the Palm Springs Ordinance
Code is hereby renumlr.:red to Section 5104.00V and is amended to read as
follows:
G. Highrise buildings shall- be d.esi-cgied by a licensed
a.rchiLect. Such designs are to be reviewed by the
Planning Commission or other qualified persons
appointed by said Planning Commission to insure that
each structure fits into the resort character of the
comimtnity, blends in with the natural surroundings,
and complies with all the provisions of this Ordinance.
SECTION 10. Section 9214.00-C (Professional 'Zone) of Division 9 of the
Palm Springs Ordinance Code is hereby ;mendod to read as follows:
C. 11SES PT_1U4ITTED BY CONDITIONAL USE PERMIT
The following uses may be permitted, subject to approval of
a Conditional Use Permit as provided in Section D402.00
Highrise building, subject to the ;provisions of Section
9304.00
SECTION 11. Section 9216. 01-C (C-1 , Rusiness •-:one) of Divi.sicn 9 of the
Pain: Springs Ordinance Code is hereby nnenduw by adding tAu &! Lowirg:
8, Highrise building, subject to l=!:'e proviHons of Section
9304.00 I
SECTION 12. section 9217.01.-C (C-- LA% Zone) of Division 9 of the Palm
springs Ordinance Code is hereby amended by odiirig 't;r-a J`oi.l+�wing:
2. Highrise building, subject to the PrOviS:i s " Section
9304 .00
SECTION 13. Section 9218. 01-C (C-2 "n') of Dtv"un 9 of the Palm `:pxings
Ordinance ;ode is hereby amended by Idding the L0loIng:
i
S. H1 ghrlse building, subject to uhn p ovisieni ul Son Lion ,$..-
93U1, W
M1�RJ;c
Ordinance No. 897
Page 3
SECTION 14. EFFECTIVE DATE. This Ordinance shall be in full force
and effect thirty (30) days after passage.
SECTION 15. PUBLICATION. The City Clerk is hereby ordered and
directed to certify to the passage of this Ordinance, and to cause
same to be published once in THE DESERT SUN, a daily newspaper of
general circulation, printed, published and circulated in the City
of Palm Springs, California.
ADOPTED this 28th day of June 1971.
AYES: Councilmen McCoubrey,' Purcell and Mayor Wiefels
NOES: Councilmen Foster and Pitts
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
F. D.,ALESHIRE
Cler e
�Deputy City Clerk Mayor
APPROVED AS TO FORM CONTENTS APPROVED
City Attornj Director of Plarining and Development
Date - � ]� Date �,/j j/7 _
I hereby certify that the foregoing Ordinance 897 was duly adopted by
the City Council of the City of Palm Springs in a. meeting thereof held
on June 28, 1971, and that same was published in THE DESERT SUN, a
newspaper of general circulation, printed, published, and circulated
in the City of Palm Springs, California on July 7, 1971.
Dated this 7tb day of July, 1971.
F. D. ALESHIRE
City Clerk
BY: JUDITH SUMICH
Deputy City Clerk
.�('
1
I
ORDINANCE NO. 898
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
CALIFORNIA, AMENDING CHAPTER 40 OF THE PALM
SPRINGS ORDINANCE CODE BY ADDING ARTICLE 409
THERETO, REGULATING THE OFF-ROAD USE OF MOTOR
VEHICLES.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 40 of the Palm Springs Ordinance Code is hereby
amended by adding Article 409, as follows:
ARTICLE 409
OFF-ROAD USE OF MOTOR VEHICLES
409. 1 PROHIBITION. No person shall drive a motor vehicle
on lands belonging to or occupied by another without
having in his immediate possession and, upon request
of a peace officer, displaying written permission from
the owner of such lands, his agent, or the person in
lawful possession thereof: but this section shall, not apply
to a person having lawful business with the owner.
409. 2 EXEMPT LOCATIONS. This Article shall not apply on
public or private lands expressly set apart for the use
of motor vehicles by or with permission of the owner of
such lands pursuant to any zoning permit or other permit
or licensing procedure authorized by law. This Article
shall not apply upon any public highway, street, road or
alley.
409. 3 EXEMPT VEHICLES. This Article shall not apply to the
use of farm vehicles for agricultural purposes, vehicles
being used for grading or construction purposes, vehicles
being used for governmental purposes, or golf carts being
used on golf courses.
409. 4 GOVERNMENT PROPERTY. Nothing in this Article shall
be deemed to interfere with the right of any government agency
to regulate, prohibit or permit the use of motor vehicles on
property owned by it or under its control and under its juris-
diction, nor to permit or authorize any trespass or nuisance.
SECTION 2. EFFECTIVE DATE. This Ordinance shall. be in full force
and effect thirty (30) days after passage.
SECTION 3. PUBLICATION. The City Clerk is hereby ordered and
directed to certify to the passage of this Ordinance and to cause the same
to be published once in THE DESERT SUN, a daily newspaper of general
circulation, printed, published and circulated in the City of Palm Springs,
California.
ADOPTED this 28th day of _ June 197 1
I AYES: Councilmen Foster, McCoubrey, Purcell
NOES: Councilmen Pitts and Mayor Wiefels
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
F HIRE
CitiY
pep'ty City Clerk Mayor
APPROVE AS TO FORM: CONTENTS APPROV'ED:, /l
City
n —
Date ,�� �.�%7 Date — ---�� �—
I hereby certify that the foregoing Ordinance 898 was duly adopted by the
City Council of the City of Palm Springs in a meeting thereof held on
June 28, 1971, and that same was published in THE DESERT SUN, a newspaper
of general circulation, printed, published, and circulated in the City of
Palm Springs, California on July 7, 1971.
Dated this 7th day of July, 1971. I
F.D. ALESHIRE
VB'Y ity Clerk
: JUDITH SUMICH
Deputy City Clerk
I
i
ORDINANCE NO. 899
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ,AMENDING VARIOUS SECTIONS IN
CHAPTER 29. 13 OF THE PALM SPRINGS ORDINANCE
CODE CONCERNING THE TRANSIENT OCCUPANCY TAX.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1. The heading of Chapter 29. 13 of the Palm Springs Ordinance Code
is hereby amended to read as follows:
CHAPTER 29. 13
TRANSIENT OCCUPANCY TAX
Section 29. 13-1 Short Title
29. 13-2 Definitions
29. 13-3 Tax Imposed
29. 13-4 Exemptions
29. 13-5 Operator's Duties
29. 13-6 Registration
29. 13-7 Reporting and- Remitting
29. 13-8 Penalties and Interest
29 . 13-9 Failure to Collect and Report Tax
29, 13-10 Appeal
29. 13-11 Records
29, 13-12 Refunds
29. 13-13 Remedies in Cases of Violations or Delinquencies
29. 13-14 Violations: Misdemeanor
29. 13-15 Extension of Time
29. 13-16 Divulging of Information Forbidden
29. 13-17 Severability
29. 13-18 Joint Powers with Other Cities and County
29. 13- 19 Staff and Collection Expense
29. 13-20 Use of Proceeds
SECTION 2. Section 29. 13-1 of the Palm Springs Ordinance Code is hereby
amended to read as follows:
29. 13-1 SHORT TITLE: The short title of this Chapter shall be the
"Transient Occupancy Tax Ordinance. "
SECTION 3. Subsection B of Section 29. 13-2 of the Palm Springs Ordinance
Code is hereby amended to read as follows:
B. Hotel. "Hotel" means any structure, or any portion of any structure,
which is occupied or intended or designed for use or occupancy by
transients, including but not limited to dwelling, lodging or sleeping
purposes, and includes any hotel, inn, tourist home or house, motel,
studio hotel, bachelor hotel,. lodging house, rooming house, apartment
house, dormitory, public or private club, mobile home or house trailer
at a fixed location, or other similar structure or portion thereof,
duplex, triplex, single family dwelling units except any private dwell-
ing house or other individually-owned single-family dwelling unit
rented only occasionally (infrequently) and incidentally to the normal
occupancy by the owner or his family; provided that the burden of
establishing that the housing or facility is not a hotel as defined herein
shall be upon the owner or operator thereof; who shall file with the Tax
Administrator such information as the Tax Administrator may require,
to establish and maintain such status.
SECTION 4. Subsection D of Section 29, 13-2 of the Palm Springs Ordinance
Code is hereby amended to read as follows:
5A-B
v ,
Ordinance No. 899
Page Two
D. Transient. "Transient" means any person who exercises
occupancy or is entitled to occupancy by reason of conces-
sion, permit, right of access, license or other agreement
for a period of thirty (30) consecutive calendar days
or less, counting portions of calendar days as full clays.
Any such person so occupying space in a hotel shall be
deemed to be a transient if his actual total period of
occupancy does not exceed thirty (30) days.
SECTION 5. Subsection E of Section 29. 13-2 of the Palm Springs
Ordinance Code is hereby amended to read as follows:
E. Rent. "Rent" means the amount of the consideration
charged or chargeable to the tenant for the occupancy of
space, valued in money whether received in money, goods,
labor or otherwise, including the full value of receipts,
cash, credits, property or services of any kind or nature,
without any deduction whatsoever. It is not the intent of
this Section to make the operator liable for the tax on
uncollected rent. However, uncollected rent must be
reported.
SECTION 6. Section 29. 13-4 of the Palm Springs Ordinance Code
is hereby amended to read as follows:
29. 13-4 EXEMPTIONS. No tax shall be imposed upon:
A. Any person as to whom or any occupancy as to which it I
is beyond the power of the City to impose the tax herein
provided;
B. Any officer or employee of a foreign government who is
exempt by reason of express provision of federal,law or
international treaty.
No exemptions shall be granted except upon a claim therefor
made at the time rent is collected and under penalty of per-
jury upon a form prescribed by the Tax Administrator.
SECTION 7. Section 29. 13-7 of the Palm Springs Ordinance Code
is hereby amended to read as follows:
29. 13-7 REPORTING AND REMITTING.
A. Returns and Remittances. The tax imposed under Section
T9-17_3-i7(1) ue tot e Tax Administrator at the time
it is collected by the operator, and (2) becomes delinquent
and subject to penalties if not received by the Tax Adminis-
trator on or before the last working day of the month fol-
lowing the close of each calendar month.
B. Reporting and Remitting. Each operator shall, on or be-
of re the ast wr—o�g-c ay of the month following the close
of each calendar month, file a return with the Tax Adminis -
trator on forms provided by him, of the total rents charged
or chargeable as provided in Section 29. 13-3, whether or
not received, including any rentals charged for occupancies
exempt under the provisions of Sections 29. 13 -2 D and
29. 13-4 and the amount of tax collected for transient
occupancies. Each such return shall contain a declaration
Ordinance No. 899
Page Three
under penalty of perjury, executed by the operator or
his authorized agent, that to the best of the signator's
knowledge, the statements in the return are true, cor-
rect and complete. Amounts claimed on the return as
exempt from the tax pursuant to Sections 29. 13---2 D,
29, 13-4 and 29. 13-12 shall be fully itemized and ex-
plained on the return or supporting schedule. in
determining the amount of "taxable receipts" on the
tax return, "rent, " as defined in Section 29. 13 -2 E,
may not be reduced by any business expenses includ-
ing but not limited to the amount of service charges
deducted by credit card companies or commissions
paid to travel agencies. At the time the return is
filed, the tax fixed at the prevailing transient occupancy
tax rate for the amount of rentals charged or charge-
able, which are not exempt from tax under Sections
29. 13-2 D, 29. 13-4 and 29. 13- 12, shall be remitted
to the Tax Administrator. The Tax Administrator
may establish other reporting periods and may require
a cash deposit or bond or a separate trust fund bank
account for any permit holder if he deems it necessary
in order to insure collection of the tax and he may
require further information in the return. All taxes
collected by operators pursuant to this Chapter shall
be held in trust for the account of the City until
remittance thereof is made to the Tax Administrator.
C. Cessation of Business. Each operator shall notify
the Tax dministrator, ten (10) days prior to the sale
or cessation of business for any reason and returns
and remittances are due immediately upon the sale or
cessation of business.
SECTION 8. Section 29. 13-8 of the Palm Springs Ordinance Code
is hereby amended to read as follows:
29. 13-8 PENALTIES AND INTEREST.
A. Delinquency. Any operator who fails to remit any tax
to the City or any amount of tax required to be collected
and remitted to the City including amounts based on
determinations made by the Tax Administrator under
Section 29. 13-9 of this Chapter, within the time required,
shall pay a penalty of ten percent (10%) of the tax or
amount of the tax in addition to the tax or amount of
tax plus interest at the rate of one-half percent (. 5%)
per month, or fraction thereof, from the date on which
the tax or the amount of tax required to be collected
becomes delinquent until the date of remittance or
payment. Any operator who fails to pay any penalty
imposed under this Section within ten (10) days after
receipt of notice thereof shall pay interest thereon
at the rate of one-half of one percent (. 5%) per month,
or fraction thereof from the date on which the penalty
becomes due and payable to the City until the date of
payment.
B. Fraud. If the Tax Administrator, determines that the
failure to make any remittance or payment due under
this Chapter is due to fraud, a penalty of one hundred
percent (100%) of the amount of the tax and penalties
shall be added thereto in addition to the penalties stafed
in subparagraph A of this Section.
Ordinance No. 899
Page Four
SECTION 9. Section 29. 13 -11 of the Palm Springs Ordinance Code
is hereby amended to read as follows:
29. 13-11 RECORDS. It shall be the duty of every operator liable
for the collection and remittance to the City of any tax
imposed by this Chapter to keep and preserve, in the
City of Palm Springs, for a period of three (3) years,
records in such form as the Tax Administrator may
require to determine the amount of such tax. The
Tax Administrator shall have the right to inspect
such records at all reasonable times and may subpoena
the records of any operator who refuses to make them
available for examination.
SECTION 10, Subsection B of Section 29. 13-12 of the Palm Springs
Ordinance Code is hereby amended to read as follows:
B. An operator may claim a refund or take as credit against
taxes collected and remitted the amount overpaid, paid
more than once or erroneously or illegally collected or
received when it is established in a manner prescribed
by the Tax Administrator that the person from whom the
tax has been collected was not a transient; provided, how-
ever, that neither a refund nor a credit shall be allowed
unless the amount of the tax so collected has either been
refunded to the person or credited to rent subsequently
payable by the person to the operator.
SECTION 11. Section 29. 13-13 of the Palm Springs Ordinance Code I
is hereby amended to read as follows:
29. 13-13 REMEDIES IN CASES OF VIOLATIONS OR
DELINQUENCIES.
A. Revocation of Permit. Whenever any operator fails
to comply with any provision of this Chapter relating
to occupancy tax or any rule or regulation of the Tax
Administrator relating to occupancy tax prescribed and
adopted under this Chapter, the Tax Administrator upon
hearing, after giving the operator ten (10) days notice
in writing specifying the time and place of hearing and
requiring him to show cause why his permit or permits
should not be revoked may suspend or revoke any one
or more of the permits held by the operator. The Tax
Administrator shall give to the operator written notice
of the suspension or revocation of any of his permits.
The notices herein required may be served personally
or by mail in the manner prescribed for service of
notice of a deficiency determination. The Tax Adminis-
trator shall not issue a new permit after the revocation
of a permit unless he is satisfied that the former holder
of the permit will comply with the provisions of this
Chapter relating to the occupancy tax and regulations
of the Tax Administrator.
B. Closure of Hotel Without Permit. During any period
of tt me uring which a permit has not been issued, or
is suspended, revoked or otherwise not validly in effect,
the Tax Administrator may require that the hotel be
closed.
Ordinance No. 899
Page Five
C. Recording Certificate: Lien. If any amount required
to be remitted or paid to the City under this Chapter
is not remitted or paid when due, the Tax Administra-
tor may, within three (3) years after the amount is due
file for record in the office of the Riverside County
Recorder a certificate specifying the amount of tax,
penalties and interest due, the name and address as
it appears on the records of the Tax Administrator
of the operator liable for the same and the fact that
the Tax Administrator has complied with all provisions
of this Chapter in the determination of the amount
required to be remitted and paid. From the time of
the filing for record, the amount required to be
remitted together with penalties and interest constitutes
a lien upon all real property in the County owned by
the operator or afterwards and before the lien expires
acquired by him. The lien has the force, effect and
priority of a judgment lien and shall continue for ten
(10) years from the time of filing of the certificate
unless sooner released or otherwise discharged.
D. Priority and Lien of Tax. The amounts required to
beremitte and/or paid y any operator under this
Chapter with penalties and interest shall be satisfied
first in any of the following cases:
(1) Whenever the person is insolvent.
I (2) Whenever the person makes a voluntary assign-
ment of his assets.
(3) Whenever the estate of the person in the hands of
executors, administrators, or heirs is insufficient
to pay all the debts due from the deceased.
(4) Whenever the estate and effects of an absconding,
concealed or absent person required to pay any
amount under this Chapter are levied upon by process
law. This Chapter does not give the City a preference
over any recorded lien which attached prior to the
date when the amounts required to be paid became a
lien.
The preference given to the City by this Section shall be
subordinate to the preferences given to claims for per-
sonal services by Sections 1204 and 1206 of the Code of
Civil Procedure.
E. Warrant For Collection of Tax. At any time within three
(3)years after any operator is delinquent in the remittance
or payment of any amount herein required to be remitted
or paid or within three (3) years after the last recording
of a certificate under Section 29. 13-13 A, the Tax Ad-
ministrator may issue a warrant for the enforcement of
any liens and for the collection of any amount required
to be paid to the City under this Chapter. The warrant
shall be directed to any sheriff, marshal or constable
and shall have the same effect as a writ of execution.
The warrant shall be levied and sale made pursuant to
it in the same manner and with the same effect as a levy
of and a sale pursuant to a writ of execution. The Tax
Administrator may pay or advance to the sheriff, marshal
or constable, the same fees, commissions and expenses
Ordinance No. 899
Page Six
for his services as are provided by law for similar ser-
vices pursuant to a writ of execution. The Tax Adminis-
trator, and not the court, shall approve the fees for pub-
lication in a newspaper.
F. Seizure and Sale. At any time within three (3) ,years
after any operator is delinquent in the remittance or
payment of any amount, the Tax Administrator may
forthwith collect the amount in the following manner:
The Tax Administrator shall seize any property, real
or personal, of the operator and sell the property, or a
sufficient part of it, at public auction to pay the amount
due together with any penalties and interest imposed for
the delinquency and any costs incurred on account of the
seizure and sale. Any seizure made to collect occupancy
taxes due shall be only of property of the operator not
exempt from execution under the provisions of the Code
of Civil Procedure.
G. Successor's Liability - Withholding by Purchaser.
If any operator hable for any amount under this Chapter
sells out his business or quits the business, his successor
or assigns shall withhold sufficient of the purchase price
to cover such amount until the former owner produces a
receipt from the Tax Administrator showing that it has
been paid or a certificate stating that no amount is due.
H. Liability of Purchaser: Release. If the purchaser of a
hotel ails to with o d purchase price as required, he
shall become personally liable for the payment of the
amount required to be withheld by him to the extent of
the purchase price, valued in money. Within sixty (60)
days after receiving a written request from the purchaser
for a certificate, or within sixty (60) days from the date
the former owner's records are made available for audit,
whichever period expires the later, but in any event not
later than ninety (90) days after receiving the request, the
Tax Administrator shall either issue the certificate or
mail notice to the purchaser at his address as it appears
on the records of the Tax Administrator of the amount
that must be paid as a condition of issuing the certificate.
Failure of the Tax Administrator to mail the notice will
release the purchaser from any further obligation to with-
hold purchase price as above provided. The time within
which the obligation of the successor may be enforced
shall start to run at the time the operator sells his
business or at the time that the determination against
the operator becomes final, whichever event occurs
the later.
I. Responsibility for Payment. Any tax required to be paid
y any transient un er Llle provisions of this Chapter shall
be deemed a debt owed by the transient to the City. Any
such tax collected by an operator which has not been remit-
ted to the City is a fiduciary obligation of the operator to
the City and collectible in the same manner as a debt. Any
person owing money to the City under the provisions of this
Chapter shall be liable to an action brought in the name of
the City of Palm Springs for the recovery of such amount.
Ordinance No. 899
Page Seven
J. Withhold Notre, If any person or operator is delinquent
i the remittance or payment of the amount required to be
remitted or paid by him or in the event a determination
has been made against him for the remittance of tax and
payment of the penalty, the City of Palm Springs may,
within three (3) years after the tax obligation became clue,
give notice thereof personally or by registered mail to
all persons, including the State or any political sub-
division thereof, having in their possession or under
their control any credits or other personal property
belonging to the taxpayer. After receiving the with-
holding notice, the person so notified shall make no
disposition of the taxpayer's credits, other personal
property or debts until the City of Palm Springs con-
sents to a transfer or disposition or until sixty (60)
days elapse after the receipt of the notice, whichever
expires earlier, All persons, upon receipt of said
notice, shall advise the City immediately of all such
credits, other personal, property or debts in their
possession, under their control or owing by them.
If such notice seeks to prevent the transfer or other
disposition of a deposit in a bank or other credits or
personal property in the possession or, under the
control of the bank, to be effective the notice shall
be delivered or mailed to the branch or office of
such bank at which such deposit is carried or at
which such credits or personal property is held.
If any person so notified makes transfer or dis-
position of the property or debts required to be
held hereunder during the effective period of the
notice to withhold, he shall be liable to the City of .
Palm Springs to the extent of the value of the release
up to the amount of the indebtedness owed by the tax-
payer to the City of Palm Springs.
SECTION 12, Section 29. 13- 14 of the Palm Springs Ordinance Code
is hereby amended by the addition thereto of a new paragraph read-
ing as follows:
Any operator or other person who knowingly or wilfully
fails or refuses to remit room tax collections to the
Tax Administrator prior to the time of delinquency as
specified in Section 29. 13-7 is guilty of a misdemeanor
and is punishable as aforesaid.
SECTION 13. In any and all Sections in Chapter 29. 13 of the Palm
Springs Ordinance Code where the words "Uniform Transient
Occupancy Tax" are set forth, said words shall hereafter be modi-
fied and amended to read "Transient Occupancy Tax. "
SECTION 14. EFFECTIVE DATE, This Ordinance shall be in
full force and effect thirty (30) days after passage.
SECTION 15. PUBLICATION. The City Clerk is hereby ordered
and directed to certify to the passage of this Ordinance and to
Ordinance No. 899
Page Eight
cause same to be published once in THE DESERT SUN, a daily
newspaper of general circulation, printed, published and circu-
lated in the City of Palm Springs, California.
ADOPTED this 26th day of July 19 71
AYES: Councilmen Poster, Pitts, Purcell and Mayor Wiefels
NOES: None
ABSENT: Councilman McCoubrey
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
F. D. ALESHIRE
City Clerk
,r1D- uty City C_erTi ayor
APPROVED AS TO FORM: CONTENTS APPROVED:
City ttorney ji� 1rec o e Tina ce
---
Date Date 7—J
I hereby certify that the foregoing Ordinance 899 was duly adopted by
the City Council of the City of Palm Springs in a meeting thereof held
on July 26, 1971, and that same was published in THE DESERT SUN, a
newspaper of general circulation, printed, published, and circulated
in the City of Palm Springs, California on July 30, 1971.
Dated this 3rd day of August, 1971.
F. D. ALESHIRE
City Clerk
�.
l BY: JUDITH SUMICH
Deputy City Clerk
ORDINANCE NO, 900
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING DIVISION 9 OF THE PALM SPRINGS ORDINANCE CODE
FOR A CHANGE OF ZONE FROM R-TP TO R-2 FOR PROPERTY
LOCATED ON THE EAST SIDE OF SOUTH PALM CANYON DRIVE,
BETWEEN LA VERNE WAY AND EL PORTAL EXTENDED, SECTION 26.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN
AS FOLLOWS:
SECTION 1. Pursuant to Section 9100,03-b of Division 9 of the Palm
Springs Ordinance Code, the official Zoning Map of the City of Palm
Springs referred to therein is hereby amended as follows ;
Zone Change: The property legally described as the S 1/2 of
Tract 40 and Tract 41, Section 26, T4S R4E,
consisting of 7.5 more or less acres, is hereby
zoned from R-TP (Residential Trailer Park) to
R-2 (Limited Multiple Family Residential) .
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and
effect thirty (30) days after passage.
SECTION 3,, PUBLICATION. The City Clerk is hereby ordered and directed
to certify to the passage of this Ordinance, and to cause same to be
published once in THE DESERT SUN, a daily newspaper of general circula-
tion, printed, published and circulated in the City of Palm Springs,
California,
ADOPTED this 26th day of July 1971,
AYES: Councilmen Foster, Pitts, Purcell and Mayor Wiefels
NOES: None
ABSENT: Councilman NcCoubrey
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
F, D. ALE HIRE
Cify ,Clerk
y " e
i'Deputy City Clerk Mayor
APPROVED AS TO FORM CONTENTS APPROVED �(
L4
City Attorney Director of PI ning $ Development
Date 7 —7-21 Date �/7/
I hereby certify that the foregoing Ordinance 900 was duly adopted by the
Cit,r Council of the City of Palm Springs in a meeting thereof held on
July 26, 1971, and that same was published in THE DESERT SUN, a newspaper
of general circulation, printed, published, and circulated in the City
of Palm Springs, California on July 30, 1971.
Dated this 3rd day of August, 1971.
F. D. ALESHIRE
City Cleric
2-B
BY: JUDITH S'UMICH
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CASE N0. 5,6S1 APPROVED BY PLAN. CO"1„1. DATE 6-16 71
APPLICANT Richard Brown Arenas APPROVED BY COUNIGIL DATE
mCPlmml{ a -- 0170. N0_ RESOL. N0.
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ORDINANCE NO. 901
AN ORDINANCE OF THE CITY .OF PALM SPRINGS, CALIFORNIA,
AMENDING DIVISION 8 OF THE PALM SPRINGS ORDINANCE CODE
IREGARDING ADVERTISING MATTER ON VEHICLES.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN
AS FOLLOWS:
SECTION 1. Article 816 of Division 8 of the Palm Springs Ordinance
Code is hereby amended by adding the following:
8160.21 No person shall drive, operate, move in and along, or park
on any street or on public or private property, any truck,
trailer, carriage, wagon, sled or other vehicle on which
is attached or maintained any sign displaying any commercial
or non-commercial advertising matter, except for the follow-
ing:
A, The driving, operation and movement of vehicles display-
ing political campaign advertisements for candidates for
public office and ballot measures, provided the same is
not otherwise prohibited by this Chapter,
B, The identification of a business enterprise upon a
vehicle used primarily for the purpose of and in the
usual business of the owner for transporting or servic-
ing goods or storing goods or persons for commercial or
other business purposes, provided that the identifica-
tion is painted on or otherwise affixed so as to not
project from the usual profile of the vehicle.
C. The incidental display of non-commercial stickers, plates,
license plate brackets, and the like; or of customary
small identifications on license plate brackets or else-
where, of vehicle manufacturers, models or types of
vehicles, or dealers or entities from whom vehicles
bearing the same were purchased or otherwise obtained.
D. A single isolated movement of a sign or sign equipment
or materials from one place to another within the City.
The parking of any such vehicle on any street or on public
or private property, or the movement of any such vehicle in
and along any street for the sole or primary purpose of
displaying advertising matter is declared to be a nuisance
and a violation of this Section.
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and
effect thirty (30) days after passage.
Ordinance No. 901
Page 2
SECTION 3. PUBLICATION, The City Clerk is hereby ordered and directed
to certify to the passage of this Ordinance, and to cause same to be I
published once in THE DESERT SUN, a daily newspaper of general circula-
tion, printed, published and circulated in the City of Palm Springs,
California.
ADOPTED this 26th day of July 1971.
AYES: Councilmen Foster, Pitts, Purcell and Mayor Wiefels
NOES: None
ABSENT: Councilman McCoubrey
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
F. D. ALESHIRE
Ci-ty�1 rk l�
- :
10
Deputy City Clerk Mayor
APPROVED AS TO FORM CONTENTS APPROVED
L AAIA ja tS2a�
City Atto�j ef� y �riD ector of Pla nin 4 Development
Date 7—/ Date `7 /Z ) S
I hereby certify that the foregoing Ordinance 901 was duly adopted by the
City Council of the City of Palm Springs in a meeting thereof held on
July 26, 1971, and that same was published in THE DESERT SUN, a newspaper
of general circulation, printed, published, and circulated in the City of
Palm Springs, California on July 30, 1971.
Dated this 3rd day of August, 1971.
F. D. ALESHIRE
City Clerk
BY: JUDITH SUMICII
Deputy City Cleric
1
ORDINANCE NO. 902
AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 2 (c), 4(a) (1) AND 5(a)
OF ORDINANCE NO. 351, RELATING TO LOCAL SALES AND
I USE TAX RATES.
------ --------
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DOES ORDAIN, AS FOLLOWS:
SECTION ONE. Sections 2(c), 4(a) (1) and 5(a) of Ordinance No. 351
of the City of Palm Springs, are hereby amended to read as follows:
"SECTION 2. PURPOSE. . (c) To adopt a sales and use tax
ordinance which imposes sales and use tax, at the rates spe-
cified in Sections 4(a) (1) and 5(a) and provides a measure
therefor that can be administered and collected by the State
Board of Equalization in a manner that adapts itself as fully
as practical to, and requires the least possible deviation from,
the existing statutory and administrative procedures followed
by the State Board of Equalization in administering and collect-
ing the California. State Sales and Use Taxes. "
"SECTION 4. SALES TAX. . . (a) (1) For the privilege of selling
tangible personal property at retail a tax is hereby imposed upon
all retailers in the City at the following fractions of one percent
of the gross receipts of the retailers from the sale of all tangible
I personal property sold at retail in the City on and after the
operative dates of this section at the rates shown in the following
schedule:
Sales Tax Rate Operative Date
5 577 one percent October 1, _M1
960 of one percent July 1, 1972
965 of one percent July 1, 1973
970 of one percent July 1, 1974
975 of one percent July 1, 1975
980 of one percent July 1, 1976
985 of one percent July 1, 1977
990 of one percent July 1, 1978
995 of one percent July 1, 1979
1. 000 of one percent July 1, 198011
,
"SECTION 5. USE TAX (a) An excise tax is hereby imposed on
the storage, use or other consumption in the City of tangible per-
sonal property purchased from any retailer at the following frac-
tions of one percent of the sales price of the property on and after
the operative dates of this section at the rates shown in the follow-
ing schedule. The sales price shall include delivery charges
when such charges are subject to State sales or use tax regard-
less of the place to which delivery is made.
Use Tax Rate Operative Date
U�eonpercent October 1, 1971
960 of one percent July 1, 1972
965 of one percent July 1, 1973
970 of one percent July 1, 1074
975 of one percent July 1, 1975
980 of one percent July 1, 1976
985 of one percent July 1, 1977
990 of one percent July 1, 1978
995 of one pert ent July 1, 1979
1. 000 of one percent July 1, 1980"
Ordinance No. 902
Page Two
SECTION TWO. Ordinance No. 476 of said City is hereby repealed con-
currently with the operative date of this ordinance. I
SECTION THREE. EFFECTIVE TIME. This ordinance shall become ef-
fective upon adoption and shall become operative October 1, 1971, and
be controlling thereafter and until amended or repealed by the City Council
of this City.
SECTION FOUR. URGENCY. This ordinance is enacted as an urgency
measure for the reason that it relates to sales and use tax rates affect-
ing the revenues of the City necessary for the usual and current expenses
of the City. Therefore the City Council, pursuant to the applicable pro-
visions of the Government Code of the State of California does enact
this measure as an urgency measure but to take effect as stipulated in
Section Three of this ordinance.
SECTION FIVE. PUBLICATION. The City Clerk is hereby ordered
and directed to certify to the passage of this ordinance, and to cause
same to be published once in THE DESERT SUN, a daily newspaper
of general circulation, printed, published and circulated in the City
of Palm Springs, California.
ADOPTED this 13th day of September 1971.
AYES: Councilmen Foster, Pitts, Purcell 9 Mayor Wiefels
NOES: None I
ABSENT: Councilman McCoubrey t
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
F. D. A LESHIRE
City Clerk
Deputy City Cler ayor
APPROVED AS TO FORM CONTENTS APPROVED
ty ttorney Date — 0,O-7 pp/ Date a '3o' 7/
I hereby certify that the foregoing Ordinance 902 was duly adopted by the
City Council of the City of Palm Springs in a meeting thereof held on
September 13, 1971, and that same was published in THE DESERT SUN, a
newspaper of general circulation, printed, published, and circulated in
the City of Palm Springs, California on September 22, 1971.
Dated this 22nd day of September, 1971.
F.D. ALESHIRE
City Clerk
L)
BY: JUDITH SUMICH
Deputy City Clerk
ORDINANCE NO. 903
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 9403.00-D OF THE PALM SPRINGS
ORDINANCE CODE BY ADDING MOBILE HOME PARKS.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN
AS FOLLOWS:
SECTION 1, Section 9403.00-D of the Palm Springs Ordinance Code is
hereby amended by adding the following:
9403.00-D n. Mobile Home Parks (Architectural Approval shall
apply to all common recreation areas and exterior
boundaries only° Architectural Approval shall
not be required for individual mobile home sites).
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force
and effect thirty (30) days after passage.
SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed
to certify to the passage of this Ordinance, and to cause same to be
published once in THE DESERT SUN, a daily newspaper of general circula-
tion, printed, published and circulated in the City of Palm Springs,
California.
ADOPTED this lath day of September 1971.
AYES: Councilmen Poster, Pitts , Purcell & Mayor Wiefels
NOES: None
ABSENT: Councilman McCoubrey
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
F. D. ALESHIRE
City Clerk
Deputy City Clerkmayor
APPROVED AS TO FORM: CONTENTS APPROVED:
City Attorney Director of anning $ Development
Date 13/?/ Date �4 z7 f
I hereby certify that the foregoing Ordinance 903 was duly adopted by the
City Council of the City of Palm Springs in a meeting thereof held on
September 13, 1971, and that same was published in THE DESERT SUN, a
newspaper of general circulation, printed, published, and circulated in
the City of Palm Springs, California on September 22, 1971.
Dated this 22nd day of September, 1971.
F.D. ALESHIRE
� City Clerk
BY: DITH SUMICH
`�- Deputy City Clerk
11C
i
i
i
325
ORDINANCE .NO. 904
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
CLARIFYING REQUIREMENT CONCERNING WALLS AND LAND-
SCAPING FOR STREET FRONTAGES FOR MOBILEHOME PARKS
ITHE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN
AS FOLLOWS:
SECTION 1 . Section 9213.03-E-1 of Division 9 of the Palm Springs
Ordinance Code is hereby amended as follows:
E . WALLS, FENCES AND LANDSCAPING
1 . Each trailer park shall be entirely enclosed at its
exterior boundaries as follows:
a. A six (6) foot high decorative masonry wall shall
be required where a trailer park abuts a street.
Said wall shall be constructed within the forty
(40) foot required setback, no closer than twenty-
five (25) feet from a property line .
b. A six (6) foot high solid masonry wall shall be
required where a trailer park abuts a single
family zone, and where it abuts any other zone,
there shall be screened landscaping of not less
than six (6) feet in height,
I SECTION 2 . EFFECTIVE DATE. This Ordinance shall be in full force
and effect thirty (30) days after passage.
SECTION 3. PUBLICATION, The City Clerk is hereby ordered and
directed to certify to the passage of this Ordinance, and to cause
same to be published once in THE DESERT SUN, a daily newspaper of
general circulation, printed, published and circulated in the City
of Palm Springs, California.
ADOPTED this 12th _day of October 1971
AYES: Councilmen Foster, McCoubrey, Pitts, Purcell and Mayor Wiefels
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
F. D. ALESHIRE
CityClerk,
By
Dep{ity City Clerk Mayor
APPROVED AS TO FORM: CONTENTS APPROVED: `
City Attorney D 4ector of Plannin & Development
Date Date
I hereby certify that the foregoing Ordinance 904 was duly adopted by the City
Council of the City of Palm Springs in a meeting thereof held on October 12, 1971
and that same was published in THE DESERT SUN, a newspaper of general circulation
printed, published, and circulated in the City of Palm Springs, California on
October 19, 1971.
Dated this 3rd day of November, 1971.
F.D. ALESHIRE I
City Clerk
i
BY: JUDITH SUMICH
Deputy City Clerk
I
a�
ORDI7:\TANCE NO, 905
AN ORDRNASNCE Oh THI' CITY OF PALItai SPRINGS,
CALIFOI'!?1A , AMEND ING CHAPTER 14 (PERSON
NE?) 01F DIVISION 1 OF TIIE PALM SPRII'IGS ORDIN-
ANC'E CODE, BY REVISING PIiO'JISIONS CONCERN-
ING THE ESTABLISHMENT AND ADMINISTRATION
OF i'pIF; I EItSOivNEI, SYSTEM OF THE CITY OF PALM
SPRINGS,
----------- -------
THE CITY CO'u1vC1L OF TIIE CITY OF PALM SPRINGS, CALIFORNIA.,
DOES ORDAIN AS FOLLOWS:
SECTION 1. Articles l4e, 141 , 142, 143, 144, 145, 146, 147, 1483 and
149 of Chapter 14 , of Division 1, of the Palm Springs Ordinance Code
are hereby repealed .
SECTION, 2 . Neiv Articles 140, 141, 142, 143, 144, 145, 1,16 and 147
of Chapter 1.4, of Division 1, of the Palm Springs Ordinance Code are
here',by added, to read as follows:
ARTICLE 140
GENERAL
1401 . ADOPTION OF PERSONNEL SYSTEM: PURPOSES. In
order to establish an equitable and uniform procedure
for dealing with personnel matters; to attract to munici-
pal service the best and most competent persons avail-
able; to assure that appointments and promotions of em-
ployees will be based on merit and fitness; and to pro-
vide a reasonii ble degree of security for qualified em-
ployees, the following personnel system is hereby adopted.
ARTICLE 141
ADMINISTRAiTION
1411 . PERSOiNI^?EL OFFICER. The City Manager shall be the
Personnel Officer-
1412, DELEGATION OF PCWERS, DUTIES. Except as to those
duties imposod upon him by Section 1313. 12 of this Code,
the City 1,11anager. may delegate any of the powers and
duties conferred upon him as Personnel Officer under
this Chapter to any other officer or employee of the City,
or may recommend that such powers and duties be per-
formed under contract.
1.413. PERSONNEL DIMES OF CITY MANAGER. The City
Manager shall:
1413. 1 MEETINGS: SECRETARY. Attend all meetings of the
Personnel Board and serve as its secretary.
1413. 2 ADMINISTRATION OF CHAPTER, LUTES. Administer
all the provisions of this Chapter and of the personnel
rules not specifically reserved to the Council or the
Personnel Board.
1413. 3 APPOINTMENTS, DISMISSALS, DISCIPLINE, TRANS-
FERS. Pursuant to duties imposed upon him by Section
1.313. 12 of this Code, appoint, discipline, dismiss and
transfer all heads of departments, subordinate officers
and Pn pioyees, except the City Clerk, City Attorney
and the City Treasurer.
Ordinance No. 905
Page Two
1413. 4 .AMENDMENT OF RULES. Prepare and recommend to I
the Council revisions and amendments to the personnel
rules.
1413. 5 TESTS: NOTICES, APPLICATIONS: ELIGIBLE LIST.
Publish or post notices of tests for positions in the
competitive service; receive applications therefor;
conduct and grade tests; certify a list of all persons
eligible for appointment in the appropriate position in
the competitive service.
1413. 6 POSITION CLASSIFICATION PLAN. Prepare a position
classification plan and subsequent revisions thereto,
which plan and revisions shall become effective upon
approval by the Council.
1413. 7 COMPENSATION PLAN. Prepare a plan of compensation ,
and revisions thereof, covering all classifications in the
competitive service, which plan and revisions shall become
effective upon approval by the Council.
1414. PERSONNEL BOARD: NIEMBERSI3HP. There shall be
a Personnel Board consisting of five (5) members.
1414, 1 APPOINTMENTS BY COUNCIL. Two (2) members I
shall be appointed by the Council.
1414. 2 ELECTION BY EMPLOYEES. Two (2) members shall
be elected by secret ballot by the employees of the City
in the competitive service,
1414. 3 APPOINTMENT BY MEMBERS. One (1) member shall
be appointed by the four (4) members chosen above.
1414. 4 TERMS OF MEMBERS. Members of the Board shall
serve two-year terms in office; provided that such terms
shall expire as of the end of a calendar year.
1414. 5 CHAIRDiTAN. The members of the Board shall, as provided
in the Board's rules , or others,,ise from lilac to tilde,
select one of their number to act as chairman.
1414, 6 tiACAiNCIES FOR UNEXPIRED TERM. Vacancies on !;he
Board shall be filled For the unexpired term in the nutriner
in which the member whose vacancy is being filled was
elected or appointed to the Board.
1414. 7 END OF TERM. Each member whose term expires shall
continue to serve until his successor is appointed or
elected and qualified.
1414, 8 REMOVAL OF MEMBER . A majority vote of the body
appointing or electing a member to thee Board sliall b
required to remove the mernber fr•orn the Board before
the expiration of his term.
12115. DUT[ES OT' PISRSOISN: i, BOARD: MEETINGS, The
Personnel Board shall determine the order of business
for the conduct of its meetings, and shall meet regularly
if so required by the rules, or on call of the Chairman
or three ms:mbers of the Board.
329
Ordinance No, 905
Page Four
1426• ENUMERATED POSITIONS. City Manager, Assistant
City Manager, Secretary to City Manager, City Attorney
and attorneys employed in the City Attorney's Office,
ali regular fulltime department heads, City Treasurer,
City Clerk, Purchasing Agent, City Engineer,Superinten-
dent of Parks and Golf Course, Superintendent of Recre-
ation and Special Events, Personnel Officer.
ARTICLE 143
PERSONNEL RULES
1431. ADOPTION OF RULES: SCOPE. Personnel rules shall
be adopted by resolution of the Council, establishing
specific procedures and regulations governing the follow-
ing phases of the personnel system.
1432, CLASSIFICATION PLAN. Preparation, installation,
revision and maintenance of a position classification.
plan covering all positions in the competitive service.
1433. PAY PLAN. Preparation, revision, and administration
of a plan of compensation directly correlated with the
position classification plan, providing a rate or range
of pay for each class.
1434, TESTS: ANNOUNCEMENT: APPLICATIONS. Public
announcement of all tests and the acceptance of appli-
cations for employment.
I 1434. 1 GIVING OF TEST'S: ELIGIBLE LEST. Preparation and
conduct of tests and the establishment and use of result-
ing umplovrnent lists containing names of persons eligible
for appointment.
1434. 2 CERTIFICATION: APPOINTMENTS. Certification and
appointment of persons from employment lists, and the
making of temporary and emergency appointments.
1.435. EVALUATION DURING PROBATION. Evgluation of
employees during the probationary period.
1436, CHANGE OF STATUS. 'Transfer, promotion, demotion,
and reinstatement of employees in the compatrti�, e service.
1437. SEPARATIONS. Separation of employees from the City
service through layoff., suspension and dismissal.
1438. HOURS: LEAVE: WELFARE. Standardization of hours
of work, attendance and leave regulations, working con-
ditions and the development of ernployee morale, welfare,
and training.
I 1439. CONDITIONS OF EMPLOYMENT. Suitable provision for
orderly and equitable presentations to the City Manager and
to the City Council by employees as to general conditions
of employment.
ARTICLE 144
SUSPENSIONS
1441 . SUSPENSION BY CITY MANAGER . Any person holding
a position or employment in the competitive: service shall
be subject to disciplinary suspension without pay by the
City Nlanage.r and without, right of appeal; but: such suspen-
sions shall not exceed a total of thirty calendar days in
any fiscal year.
Ordinance No. 905
Page Three
1415, 1 QUORUM. Three members of the Board shall con-
stitute a quorum for the transaction of business. I
1416. FUNCTIONS OF BOARD. The functions of the Board
shall be:
1416. 1 HEARINGS. As provided by this Chapter and by the
rules, to hear appeals submitted by any person in the
competitive service relative to any disciplinary action,
dismissal, demotion, or alleged violation of this Chap-
ter or the personnel rules and to certify its findings
and recommendations as provided in this Chapter.
1416. 2 WITNESSES. In any investigation or hearing conducted
by the Board, it shall have the power to examine witnesses
under oath and compel their attendance or production
of evidence by subpoenas issued in the name of the City
and attested by the City Clerk.
1416. 21 SERVICE OF SUBPOENAS: EFFECT. It shall be the
duty of the Chief of Police to cause all such subpoenas
to be served; and refusal of a person to attend or to testify
in answer to such a subpoena shall subject the person to
prosecution in the same manner set forth by law for
failure to appear before the Council in response to a
subpoena issued by the Council. I
1416. 22 OATHS. Each member of the Personnel Board shall
have the power to administer oaths to witnesses.
1416. 3 HEARINGS, RECOMM1ENDATIONS AS TOADMINIS -
T11ATION. When requested by 'he Council or. the City
Manager, the Personnel Board shall hold hearings and
make recommendations on amendments to the Personnel
Rules and on any matter of personnel administration,
within the limits of a request of the Council or the City
Manager.
1416. 4 HEARINGS: INFORMAL IN-NATU13E. Hearings of the
Personnel Board may be informal in nature, and so long
as due process is observed, the format judicizd rules of
evidence need not be applied.
.ARTICLE 1.42
COMPETITIVE SERVICE
1421. COMPETITIVE SERVICE: SCOPE: E:.S'CEPTI.ONS. The
provisions of I;his Chapter shall. apply to all offices,
positions, and employments in the service of the City,
except:
1422. ELECTIVE OFFICES. Elective Offices. I
1423 . BOARD, COMMISSION, COMMITTEE MEM ERS.
Positions on appointive boards, commissions and
committees.
1424. EXPERTS EMPLI QED UNDER CON I'tiACT. Persons
emploved under contract to supply expert, professional
or technical services for a limited period of time.
1425, UNPAID VOLUNTEERS, Volunteer personnel who
receive no regular cornpensaticn from the duly.
"1 3 1
Ordinance No. 905
Page Five
1442, DEPARTMENT HEAD'S RIGHT TO SUSPEND. A
department: head may make disciplinary suspensions
in accordance with the rules.
I ARTICLE 145
REVIEW OF CHARGES
].451. FILING OF CHARGES: DEMAND FOR STATEMENT.
Any permanent employee in the competitive service
who has been demoted, dismissed, or reduced in pay,
shall be entitled to request a written statement of the
reason,,,, for such action.
1451. 1 TIME TO DENLAiND, ANSWER, CHARGES. Such a re-
quest must be made within three working days following
the action; and he shall have three additional working
days within v✓hich to ?.newer the charges in writing.
1451. 2 FILING OF COPIES OF STATEMENT, ANSWER, In
the event the employee requests the statement and
prepares his written answer, copies of both shall be
filed with the Personnel Office which shall transmit
them to the Personnel Board.
1452. HEARING BV PERSONNEL BOARD: DEMAND FOR
HEARING. Within ten days from the date of filing
his answer to the written charges, or in the event such
written charges have not been made available to him
within the time prescribed, then-within tell days after
I the action taken to demote, dismiss, or reduce the pay
of the employee, he may file a written demand with the
Personnel Office requesting a hearing before the Per-
sonnel Board.
1453, INVESTIGATION: HEARING. The Personnel Board
shall then investigate the case and conduct a. hearing as
provided in this Chapter and by the rules.
1455. APPEAL TO PERSONNEL BOARD: RIGHT OF APPEAL.
Any employee in the competitive service shall have the
right to appeal to the Personnel Board relative to any
disciplinary action, dismissal, demotion, or alleged
violations of this Chapter or the personnel rules; except
in cases of disciplinary suspensions by the City Manager,
and except in other instances where the right of appeal
is prohibited by this Chapter.
1456. INVESTIGATION HEARING. Thereupon, the Board shall
make such investigation as it may deem necessary and
within twenty days after the request for hearing was filed,
the Board shall hold a hearing, provided that such hearing
may be held at a later date if the appellant has so requested
or agreed.
1457. FINDINGS , RECOi'v4MENDATIONS. Within ten days after
concluding the hearing, the Personnel Board shall certify
its findings and recommendations to the City Manager, to
any other official from whose action the appeal was taken,
and to the employee affected.
1458. EFFECT OF PERSONNEL BOAP,D'S ACTION. If the
Personnel Board affirms the action against which a com-
plaint was made or, in connection with which an appeal was
j
Ordinance No. 905
Page Six
taken, then such action shall become final and con-
elusive, but if, however, the Personnel Hoard recom-
mends modification or reversal of sur_b action and the
City Manager fails or lacks authority to carry out the
Board's recommendation, then the appellant may, by
written notice filed with the Personnel Olfice within
ten days following the giving of notice by the City
Manager of his action, appeal the matter Part'n"r to
the City Council, and the Council.'s action thereon shall
be final and conclusive.
ARTICLE 146
ABSENCE DURING SERVICE-CONNECTED DISABILITY
1461. ABSENCE DURING SERVICE-CONNECTED DISABILITY.
Any period of time during which an employee is -required
to be absent from his position by reason of an injury or
disease for which he is entitled to receive compensation
under the provisions of Division 4 (cornmencing with
Section 3201) of the Labor Code is not a break in his
continuous service for the purpose of his right to salary
adjustments, S1__l. leave, vacation, or seniority.
ARTICLE 147
AGE LIMITS
1471. AGE LID/IITS. Minimum or maximum age limits for
any competitive service examination sha.11 not be es-
tablished, and age shall not be a. minimurn qualification
for any cityemployment in the competitive service. Anv
person possessing all the minimum qualifications for a
position shall_ be eligible to take any competitive service
examination, regardless of age, and the City Council.
the -Personnel Board, the Personnel Officer or any other
person shall not include age limits in any eniploym.ent
announcement or adopt any rule prohibiting the employment
of any person, otherwise qualified, in any city employment
solely because of age. The provisions of this section shall
not, however, be deemed to apply to the employment of
policemen or firemen.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force
and effect thirty (30) days after passage.
SECTLJN 4. PUBLICATION. The City Clerk is hereby ordered and
directed to certify to the passage of this Ordinance and to cause the same
to be published once in THE DESERT SUN, a daily newspaper of 'o-eneral
circulation., printed, publish-ed and circulated in the City of Palm Springs,
California.
ADOPTED this 13thday of Decem.'ber __ _, 1971.
.AYES: Councilmen Foster, McCoubrey, Pitts, Purcell and Mayor Wio.Eels
NOES: None
ABSENT: None
ATTEST: CITY OF PALDA SPRH\K,S, CALJ1'(')1,N1A
F. D. ALESIIIRE
T�hpury City Clerk r ,tllayor �yd
APP�'iOVE;D AS `TO FORM_ C0N`I'E1ITS APPI2OV �:D4�a
Ci %attorney
Date 11.-22-7L male
I hereby certify that the foregoing Ordinance 905 was duly adopted by the
City Council of the City of Palm Springs in a meeting thereof held on
December 13, 1971, and that same was published in THE DESERT SUN, a
newspaper of general circulation on December 22, 1971.
I Dated this 29th day of December, 1971.
F.D. ALESHIRE
City Clerk
�BY: JUDITH SUMICH
Deputy City Clerk
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ORDINANCE NO. 906
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA , AMENDING CHAPTER 15 (FISCAL
MATTERS) OF DIVISION I OF THE PALM SPRINGS
ORDINANCE CODE, BY REPEALING .ARTICLE 152
(FUNDS), AND BY .REVISING ARTICLES 153 AND 155
CONCERNING THE AUDITING AND PROCESSING OF
DEMANDS AND CI,AJMS AGAINST THE CITY.
THE C1T5- COUN7CII: OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION: 1. Articles 152, 153 and 155 of Chapter, 15, of Division 1,
of the Patin Springs Ordinance Code are hereby repealed.
_ SECT,10N 2. New Article 153 cf Chapter 15, of Division 1, of the Palm
Springs Ordinance Code is hereby added, to read as follows:
A13TICLE 153
DEMANDS .AND CLAIMS
1530. CLAIMS FOR I17ONEY OR DAMAGES. As a prerequisite
to bringing suit thereon against the City of Palm Springs,
or any officer, department, comi-ssion or board of the City,
any claim for money or damages (including claims which
would otherwise be excepted by Section 905 of the Government
I Code of California) which is not governed by any other statutes
or regulations expressly relating thereto, shall be presented
and acted upon in accordance with Title 1, Division 3. 6,
Part 3, Chapter 1 (commencing with Section 900) and Chapter
2 (commencing with Section 910), of the Government Code
of California. This section shall relate only to the bringing
of suit upon any claim, and shall not be deemed to apply to
the authority of the Director of Finance, the City Council,
and other officers to process and pay, in the ordinary course
of business, the just obligations of the City, such as routine
salaries and wages, principal and interest on bonds, payments
for purchases, and other like expenditures, for which there
is an express budget appropriation, and in connection with
which there is no dispute as to the obligation and amount
being payable.
1.531. AUDITING PREREQUISITE TO PAYMENT. No payment
shall be made from the City Treasury or out of the funds
of the City unless the demand which is to be paid be duly
audited as prescribed herein or by other provisions of law.
1.532. FORMS, BLANKS FOR DEMANDS , Claims against the
City of. Palen Springs shall be paid on demands on the
Treasury as herein provided on forms to be prescribed
by the Director of Finance.
1533. DEPARTMENTAL APPROVAL OF CLAIMS. Except for
tort clainis, every claim and demand received against
tire City shall be first presented to and approved in writing
by the receiving department or office, which shall certify
to the actual delivery or rendition of the supplies, materials,
property or service for which payment is claimed; that the
quality and prices correspond with the original specifications
and contracts, if any, upon which the claim is based; that
the demand in all other respects is proper and valid, and
which shall further indicate the budgetary account to which
said demand is to be charged.
i;
Ordinance No. 906
Page Two
1534. APPROVAL OF DIRECTOR OF FINANCE. Each demand
approved by the receiving department or off ice shall be
presented to the Director of Finance who shall satisfy
himself whether:
a. The claim is legally due and owing by the City.
b. There are budgeted or otherwise appropriated funds avail-
able to pay said claim.
c. The claim conforms to a valid requisition or order.
d. The prices and computations shown on the claim are verified.
e. The claim contains the approval of other departments and
officials as required.
1535, PREPAYMENT OF DENIANDS. Prepayment of demands
prior to audit by the Finance Committee andthe City Council
may be made by the Director of Finance in conformity with
the authority provided by Section 37208 of the Government
Code of the State of California.
1536. REGISTER OF DEMANDS. Following audit of demands
the Director of Finance shall prepare a Register of
Audited Demands showing the claimant's name, amount
of demand, the warrant number and date thereof, and
transmit said Register to the City Nlanager for his review,
and presentation to the Finance Committee and the City I
Council, with his approval or other report.
1537. CITY COUNCIL APPROVAL. The Register of Demands
shall be presented to the City Council at the nest regular
meeting thereof. The City Council may by Resolution
approve, conditionally or partially approve or reject
such Register of Demands and in connection therewith
consider the recommendations of the Finance Committee
and the City Manager.
1538. RECORD OF APPROVED DEMANDS. Following approval
of the Register of Demands by the City Council, the Chair-
man of the Finance Committee and the City Manager shall
endorse the Resolution approving the Register of Audited
Demands to signify there was proper processing of demands
therein before the City Council took action.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full
force and effect thirty (30) days after passage.
SECTION 4. PUBLICATION, The City Cleric is hereby ordered and
directed to certify to the passage of this Ordinance and to cause the
same to be published once in THE DESERT SUN, a daily ne.vspaper of
general circulation, printed, published and circulated in the City of
Palm Springs, California. I
Adopted this 13th day of December 1.971 .
Ayes: Councilmen Poster, McCoub'rey, Pitts, Purcell and Mayor Wiclels
Noes: None
.Absent: None
ATTEST: CITY OF PAL,P.iI SPRINGS, CALIFORNIA
F, D, ALESHIRE
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APPROVED AS TO FORM: - CONTENTS APPROVED: x
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Date 11-22-71
I hereby certify that the foregoing Ordinance 906 was duly adopted by the
City Council of the City of Palm Springs in a meeting thereof held on
December 13, 1971, and that same was published in TIT, DESERT SUN, a
newspaper of general circulation on December 22, 1971.
Dated this 29th day of December, 1971.
I F.D. ALESIIIRE
City Clerk
3B y. TUDITH SUMICII
Deputy City Clerk
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OR:DiNA'NCE NO. 907
AN ORDINANCE OF HE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING DIVISION 1 (GOVERNMENT)
OF THE PALM SPRINGS ORDINANCE CODE, INSOFAR
AS SAID DIVTSiON I REL.A.TES TO FISCAL MATTERS
AND ECONOMIC DEVELOPMENT, BY REPEALING CER-
"AiN PARTS THEREOF, AND BY MAISINGG OTHER AMEND-
MENTS, REVISIONS AND ADDITIONS.
THE CITY COUNCIL, OF THE CITY OF PALM SPRINGS. CALIFORNIA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Article 121 of the Palm Springs Ordinance Code, relating
to bonds required of the City Clerk and City Treasurer, is hereby
repealed.
SF^•CTIOiN 2. Sections 1611, 1612 and-1615 of Article 161 of the Palm
Springs Ordinance Code, relating to the mode for establishing City
accounting funds, are hereby repealed.
SECTION 3. New Article 162 of the Palm Springs Ordinance Code is
hereby added, to read as follows:
ARTICLE 162
MONIES AND FUNDS- -MISCELLANEOUS DELEGATED AUTHORITY
1621. INVESTMENT OF CITY MONIES AND DEPOSIT OF
SECURi'rIi-s. Pursuant to, in accordance with, and to the
extent, allowed by, Sections 53607, and 53608 of the Government
I Code, the authority to invest and reinvest monies of the City,
to sell or exchange securities, and to deposit them and pro-
vide for their safekeeping, is hereby delegated to the City
Treasurer.
1622 . AUTHORIZED INVESTMENTS. Pursuant to the above delega-
tion of authority, the City Treasurer is hereby authorized to
purchase, at their original sale or after they have been issued,
securities which are permissible investments under any pro-
vision of State law relating to investing of general City funds,
including but not limited to Sections 53601 and 53635 of the
Government Code, as said sections now read or may hereafter
be amended, from monies in his custody which are not re-
quired for the immediate necessities of the City and as he may
deem wise and expedient, and to sell or exchange for other
eligible securities and reinvest the proceeds of the securities
so purchased.
1623. SALES OF SECURITIES. From time to time the City Treasurer
shall sell the securities in which City monies have been invested
pursuant to this Article, so that the proceeds may, as appropri-
ate, be applied to the purposes for which the original purchase
money may have been designated or placed in the City treasury.
1624. CITY BONDS. Bonds issued by the City and purchased pursuant
to this Article may be canceled either in satisfaction of sinking
fund obligations or otherwise if proper- and appropriate; provided,
however, that said bonds may be held uncanceled and while so
held may be resold.
1.625. REPORTS. The City Treasurer shall make a monthly report
to the City Council of all investments made pursuant to the
authority delegated in this Article.
1� `iiilJ
Ordinance No. 907
Page Two
1626. DEPOSITS OF SECURITIES. Pursuant to the above delegation
of authority, the City Treasurer is hereby authorized to de-
posit for safekeeping, the securities in which City monies have
been invested pursuant to this Article, in any institution or
depository authorized by the terms of any State law, including
but not limited to Section 53608 of the Government Code as it
now reads or may hereafter be amended. In accordance with
said section, the City Treasurer shall taI:e from such insti-
tution or depository a receipt for the securities so deposited
and shall not be responsible for such securit'-es delivered to
and receipted for by such institution or depository until they
are withdrawn therefrom by the City Treasurer.
1627. TRUST FUND ADMINISTRATION. Any departmental trust
fund established by the City Council pursuant to Section
36523 of the Government Code shall be administered by the
City Treasurer in accordance with Sections 36523 and 36524
of the Government Code and any other applicable provisions
of law.
SECTION 4. Sections 1721, 1722 and 1723 of Article 172 of the Palm
Springs Ordinance Code, relating to transfer to the County of Riverside
of the duties of property assessment and collection of taxes, are hereby
deleted from the Palm Springs Ordinance Code, but Ordinance No. 44
shall not be deemed by this action to be affected or amended in any way,
and in all respects shall continue in full force and effect. A new Section
1721 is hereby added to the Palm Springs Ordinance Code, to read as
follows:
1721.. ASSESSMENT, COLLECTION OF CITY TAXES BY COUN'PY.
By Ordinance No. 44 the duties of assessing property and col-
lecting taxes, theretofore provided by law to be perforated by
the assessor and the tax collector of the City, were transferred
pursuant to law to the County of Riverside. Said duties have
been, and shall continue to be, performed pursuant to (lie pro-
visions of Government Code Sections 51500 et seq.
SECTION 5. Chapter :19. 1 consisting of Articles 19. 10 and 19. 11, of
the Palm Springs Ordinance Code, providing for an Economic Develop-
ment Commission, is hereby repealed.
SECTION 6. EFFECTIVE DATE. This Ordinance shall be in full force
and effect thirty (30) day, after passage.
SECTION 7. PUBLICATION. The City Clerk_ is hereby ordered and
directed to certify to the passage of this Ordinance and to cause the same
to be published once in THE DESERT SUN, a daily newspaper of general
circulation, printed, published and circulated in the City of -Palm Springs,
California.
ADOPTED this 13t11day of December _ 19 7_1__
AYES: Councilmen Poster, McCoubrey, Pitts, Purcell and 'Mayor Wiefels
iNOE, None
ABSENT: None
ATTEST: CITY OF PALM SPIiINGS, C,:3LfFORNIA
F. D. ALESHIRE
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l�epatty Ly Llc
A VPR VED AS T FO. liM: CONTENTS APPROVED:--�—� —
j Cit ttcrnr>_y
Date 11-22-71 DaLe
I hereby certify that the foregoing Ordinance 907 was duly adopted by the
City Council of the City of Palm Springs in a meeting thereof held on
December 13, 1971, and that same was published in THE DESERT SUN, a
newspaper of general circulation on December 22, 1971.
Dated this 29th day of December, 1971.
I E.D. ALESHIRE
City Clerk
Y: JUDITII SUMICH
Deputy City Clerk
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ORDINANCE NO, 908
AN ORDINANCE OF TIIG; CITY OF PALM SPRINGS,
CALIFORNIA, AMEhIDING CHAPTER 21 OF DIVISION
2 OF TILE PALM SPRI7`dGS ORDINANCE CODE BY RE-
VISING REGULATIONS CONCE13NIING ADMIIlISTRATION
OF TILE CITY'S BUSINESS LICENSE TAX PROGRAM.
-------------- -------------
TP_E CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DOES OR MIN AS FOLLOWS:
SECTION 1. Chapter 21 of the Palm Springs Ordinance Code is hereby
i,epcaled.
SECTION 2, New Chapter 21 of the Palm Springs Ordinance Code is
hereby added, to read as follows:
CI?APTER 21,
BUSINESS LICENSE TAXES
ARTICLE 210
GENERAL
2101, DEFINITIONS. For the purposes of this Division unless it is
plainly evident from the context that a different meaning is
intended, the words and phrases used herein shall have the
iollo-✓✓ing meanings:
I a. "BUSINESS" includes professions, trades, and occupations
and all and every kind of calling whether or not carried on
for profit.
b. "BUSINESS LICENSE" constitutes evidence that license
tax_ obligations prescribed in Chapters 21 and *22 have
been satisfied.
c, "CITY" shall mean the City of Palm Springs, a municipal
corporation of the State of California, in its present in-
corporated form or in any later reorganized, consolidated,
enlarged or reincorporated form.
d. "COLLECTOR" shall mean the City Manager, or his au-
thorized designe e o- representative charged with the ad-
ministration of the business license tax program.
e. "CONDUCT" or "CARRY ON" shall mean and include engag-
ing in, carrying on, owning, maintaining, managing or
operating any business, trade, art profession, calling,
employment, occupation or any commercial, industrial or
professional pursuit, 'vocation or enterprise in this City.
f. "FIXED PLACE OP BUSINESS" shall mean and include the
place at which the principal tools, equipment or machinery
I used by any person are customarily stored or located or at
which are maintained the principal stock of materials or
supplies and the booms and records used by any person in
his work in this Ciiy.
g. "EMPLOYEE" shall mean any individual engaged in the
operation or c_cnauci of any business, or related activity,
whether as owncr, member of owner's family, partner,
agent, ME-Inager , solicitor, and any or all other persons
c1liployed or horkink in said business.
, .. 34
Ordinance No. 908
Page Two
h. "OrJT-OF-TOkVN" includes every person conducting or Carry-
ing on a business ts-ithin this City but not having a fixed place
of business within this City.
i. "PERMIT" shall mean a written authorization, or permission_,
to conduct, manage, or carry on a business activity within
this City. A business license does not constitute a "permit. "
j, "PJ RSON" includes all domestic and foreign corporations,
associations, syndicates, joint stock corporations, partner-
ships of every kind, clubs, business, or common law trusts,
societies, and individuals transacting and carrying on any
business in the City of Palm Springs, other than as an
employee.
k. "PREMISES" includes all lands, structures, places, and
also the equipment and appurtenances connected or used
therewith in any business, and also any personal property
which is either affixed to, or is otherwise used in connection
with any such business conducted on such premises.
1. "SOLICITOR" shall mean, and include any person who travels
or goes from house to house within this City and peddles,
hawks, vends or sells any goods, wares, medicines or mer-
chandise carried or caused to be carried or conveyed by the
person peddling, hawking, vending or selling the same, or
who solicits or takes orders at retail for any services, goods,
wares or merchandise for future performance or delivery.
Solicitor shall include and mean "peddler. "
m. "SWORN STATEMENT" shall mean an affidavit sworn to
before a person authorized to take oaths, or a declaration
or certification made under penalty of perjury.
2102. REVENUE MEASURE, Chapters 21 and 22 are enacted solely
to raise revenue for municipal purposes, and are not intended
for regulation,
2103. EFFECT ON OTHER ORDINANCES. Persons required to pay a
license tax for transacting and carrying on any oasines;s under
Chapters 21 and 22 shad. not be relieved from the paymeat of any pe
or license fee, or tax, 'i'or the privilege of doing such business ,
legally required under any other ordinance of the City of Palm
Springs, and shall remain subject to the regulatory provisions
of other ordinances.
2104. LICENSE DOES NOT PERDIIT BUSINESS OTHERWISE' PRO-
HIBITED. The payxient of a license tax required by the pro-
visions of this Chapter, and its acceptance: by the City and the
issuance of such license to any person shall not entitle the
holder thereof to carry on any business unless he has com-
plied with all the requirements of this Code and all other
applicable laws, and shall not entitle the holder to carry on
any business in any building or on any premises designated
in such license in the event such building or premises are
situated in a zone, or locality, in which the conduct of such
business is in violation of any law.
i
Ordinance No. 908
Page Three
21.05, UNL.i WFUL MANNER OF OPERATION. The granting of
a license in connection with carrying on any business, show,
exhibition or game shall not be deemed a permit to conduct
I the same in. an unlawful manner or at a place prohibited by
law or ordinance.
21.O6, DURATION OF LICENSE. The duration of any license issued
hereunder shall be limited as follows:
a . If the license tax is an annual license tax, the license
shall expire on the 30th day of September- following
the issuance of the license.
b. If the license tax is a daily license tax, the license shall
expire at midnight of the day on which the license was
issued; provided, however, that such license may be
issued for a greater period of time than herein provided,
but not to exceed the close of the fiscal year esiablished
for Business Licenses. In such cases, the license tax
for the entire period shall be due and payable at once.
2107. EFFECT OF CHAPTER ON PAST ACTIONS AND OBLIGATIONS
PREVIOUSLY ACCRUED. Neither the adoption of this Chapter
nor its superseding of any portion of any other ordinance of the
City of Palm Springs shall in any manner be construed to affect
prosecu'.ion for violation of any other ordinance committed
prior to the effective date hereof, nor be construed as a waiver
of any license or any penal provision applicable to any such
I violation, nor be construed to affect the validity of any bond
or cash deposit required by !his Code to be posted, filed, or
deposited, and all rights and obligations thereunder appertain-
ing shall continue in full force and effect.
21.08. UNEXPIRED LICENSES HERETOFORE ISSUED. Where a license
for revenue has been issued to any business by the City of Palm
Springs and the tax paid therefor under the provisions of any
article heretofore enacted and the term of such license has
not expired, then the license tax prescribed for said business
by this ordinance shall not be payable until the expiration of
the term of such unexpired license.
ARTICLE 211
BUSINESS LICENSE
RE QUIRE 1lIENTS AND EXEMPTIONS
AND TAX PAYMENT REQUIRED
2111. LICENSE. There are hereby imposed upon the businesses,
trades, professions, callings and occupations specified in
Chapters 21 and 22 license taxes in the amounts hereinafter
prescribed, It shall be unlawful for any person to transact
and carry on any business, trade, profession, calling or
occupation in the City of Palm Springs without fir. st having
procured a license from said City so to do and paying the tax
hereinafter prescribed or without complying with any and all
applicable provisions of Chapters 21 and 22, This section
shall not be construed to require any person to obtain a
license prior to doing business within the City if such require-
ment conflicts with applicable statutes of the United States
or of the State of California. Persons not so required to
obtain a license prior to doing business within the City never-
theless shall be liable for payment of the tax imposed hereunder.
1046 Ordinance No, 908
Page Four
2112. BRANCH FACILITIES, SEPARATE BUSINESSES, DUAL, CLASSIFI-
CATIONS.
a. BRANCHES AINID SEPARATE BUSINESSES. Except as otherwise
specifically provided in this Code, a seParat,e license must be
obtained for each business and for each branch c:stablistiment or
location o_` a. business. A separate license must be obtained for '
each separate business not ordinarily an accented part of a it-
-business although carried on at the same location as
such licensed business. Each license shall evidlonce tax pay-
ment only, for the business licensed thereby at the location
and in the manner- designated in such license.
b. SEPARATE COMPUTATION OF LICENSE TAX. Where a
license tax is hereby imposed upon any business, and such
business is conducted ,with branch establishments or at separated
fixed places, the tax shall be computed as if each such branch or
place were a separate and independent business.
c. BUSINESSES CLASSIFIABLE UNDER DIFFERENT CATEGORIES.
Whenever a business may reasonally be classified under two or
more separate specific categories set forth in Chapters 21 and
22 with differing bases for tax computation, the tax shall be coin-
puted using the basis which will render the highest amount of tax.
2113. EVIDENCE OF DOING BUSINESS. When any person shall by use of
signs, circulars, cards, telephone book, or newspaapei,s, advertise,
hold out, or represent that he is in business in the City, or when any
person holds an active license or permit issued by a governmental
agency indicating that he is in business in the City, and such person
fails to deny by a sworn statement given Lo the Collector that h�e is not
conducting a business in the City, after being requested to do so by
the Collector, then these facts shall be considered prima facie evidenc,
that he is conducting a business in the City.
2114. TAX ADJUSTMENTS REQUIRED 1N CASES OF INTEP,STATE COM-
MERCE. None of the license taxes provided for herein shall be so
applied as to occasion an undue burden upon interstate commerce or
be violative of the equal protection and due process clauses of the
Constitution of the United States and the State of California,
In any case where a license tax is believed by a licensee or
applicant for a license to place an undue burden upon inter-
state coanmerce or be violative of such consti Utional. clauses,
he may a.pply to the Collector for an adjustment of the tax.
Such application may be made before; at, or within six months
after payment of the prescribed license tax. The applicant
shall, by sworn statement and supporting testimony, show
his method of business acid the gross volume or estimated
gross volume of business and such other inlorl2iation as the
Collector may deem necessary in order to determine the
extent, if any, of such undue burden or violation. The Collec-
tor shall. then conduct an investigation, and after having First
obtained the written approval of the City Attorney, shall. fix
as the license tax_ for the applicant, an amount that is rcason-
able and nondiscriminatory, or iF the license tax has already
been paid, shall order a refund of the amount over and above
the license tax so fixed. In fi_tiing the: J.icensc. tax to be charged,
the Collector shall have the power to base the license tax upon
any measure which will assure that the license lay assessed
shall be uniform with that assessed on businesses, of Like
nature, so long as the amount, assessed does not exceed the
license La._ as prescribed by Chapters 21 and 22. The Collec-
tor may require the applicant to submit, either at the tune of
termination of applicant's business in the City, or at the end
FA
1
Ordinance No, 908
Page Five
of each three-month period, a sworn statement of the
gross incomes from local sources upon which a license
tax,adjurtment may be based, provided that no additional
I license tax during any one calendar year shall be required
after the licensee shall have paid an arnbum, equal to the
annual license tax as prescribed in Chapters 21 and 22.
21,15. EXEMPTIONS OF CERTAIN CHARITABLE ACTIVITIES,
The provisions of Chapters 21 and 22 shall not be deemed
or construed to require payment of a license fee to operate
any business or activity from any institution or organization
which is operated wholly for charitable purposes or from
which profit is not derived, either directly or indirectly„
by any individual„ firm. or curpora,.i.on; nor shall any
license fee be required for the conducting of any entertain-
ment, concert, exhibition; or lecture on scientific, his -
torical, literary, religious, or moral subjects within the
City, whenever the receipts therefrom are. to be appropri-
ated to any church or school or to any religious or benevolent
purpose; nor shall any license fee be required for the con-
ducting of any entertainment, concert, exhibition, or lecture
by any religious, charitable, fraternal, educational, military,
state, county or municipal organization or association, when-
ever the receipts therefrom are to be appropriated for the
purpose and objects for which such organization or associ-
ation was formed, and from which profit is not derived,
either directly or indirectly„ by any individual, firm, or
corporation; provided, however; that nothing in this section
I shall be deemed to exempt any such organization or associ-
ation from complying with she provisions of this ordinance
requiring approval. from the City Council or any Cily Depart
ment, or a Permit Review Board TO conduct such business or
activity.
2116, WAR VETERANS. Every honorably discharged or honorably
released person having served in the Armed Forces of the
United States in any Indian War, the Spanish-American War,
any Philippine Insurrection, The Chinese Relief Expedition,
World War 1, World War TI, the Korean War, or the Viet
Nam War, who is physically unable to obtain a livelihood by
manual labor; and who shall be a qualified elector of the
Si ate of California, may, subject io other ordinances of the
City. distribute, circulate and hawk, peddle and vend any
goods, wares or merchandise owned by him without payment
of any license tax or fee whatsoever.
2117. DOMESTIC HOUSEHOLD HELP. The license provisions of
this Chapter shall not be deemed to include or apply to domestic
household help in the employ of an individual home owner.
2118. FILING FOR EXEMPTIONS. No provisions herein shall be
deemed or construed to 1 equire the payment of a business
license tax by any person 4-ansaciing and carrying on any
business exempt by virtue of the Constitution or applicable
statutes of the United States or of the State of California.
from the payment of such taxes as are herein prescribed.
Any person claiming an exemption pursuant to this section
shall file a sworn sta;,ement: with the Collector stating the
facts upon which ex_ernption is claimed, and in the absence
of such statement substa-ntiating the claim, such person
shall be liable for the payment of the taxes imposed herein.
34B
Ordinance No. 908
Page Six
The Collector sliall, upon a proper showing contained in
the sworn statement, issue a license to such person claim-
ing exemption under this section without payment to the
City of the license tax required herein.
The Collector, after giving notice and a reasonable oppor-
tunity for hearing to a licensee, may revoke any license
granted pursuant to the provisions of this section upon
information that the licensee is not entitled to the exemption
as provided herein.
2119. WAIVER OR REDUCTION OF TAXES OR PENALTIES BY
CITY COUNCIL. The City Council, for good and satisfactory
cause shown, may order the issuance of a license for less
than the fees herein provided or without the payn of any
fee whatsoever.
ARTICLE 212
ISSUANCE OF LICENSES
2121. APPLICATION FOR LICENSE. Before any license is issued
to any person, such person shall make application therefor
to the Collector. Applicant shall state the name of the party
to whom the license is to be issued, the nature of the trade
or business to be pursued; the place where such business will
be conducted and such other information as may be necessary
for the enforcement of the provisions of Chapters 21 and 22.
2122, PROCESSING OF APPLICATION. Upon application being I
made as provided in the foregoing section, and when the
applicant has tendered the license tax required, the Collec-
tor sha17. process the application. If it is an application
for a license for a new business or if he otherwise deems
it necessary, he may submit a copy thereof to other depart-
ments as appropriate, including the Ilealth Officer if health
and sanitation may be involved, in order to be able to advise
the applicant whether the business and premises to be occu-
pied meet the requirements of State law and City ordinances
and any other applicable regulations.
2123. HANDLI dG WHERE LEGAL IMPEDIMENTS EXIST TO ("ON-
DUCTING OF BUSINESS. Whenever it shall appear to i:he
Collector that an application for a business license involves
a proposed business activity for which other permit or
licensing requirements are applicable under local or State or
Federal laws, ordinances or regulations before such business
activity could lawfully be conducted in the C'rty or at the par-
ticular location proposed, or involves a proposed business
activity which could not lawfully be conducted in the City or
at the particular location proposed, the Collector shall so
inform the applicant, and ascertain whether, in view of such
circumstances, the applicant desires to withdraw the applica-
tion pending removal of the legal impediments, if such r,e-.
nioval be possible. In the event the applicant nonetheless
insists upon submitting the application, the Collector shall
accept the proferred tax payment, and issue a receipt there-
for which shall contain language clearly statrng that such
receipt is not to be deemed in any way an official sanction
for the conducting of the proposed business .
:Q4 g
Ordinance No. 908
Page Seven
2124, ISSUANCE OF LICENSE - CONTENTS. Any license
issued shall show the following: (a) The person to whom
the license is issued, (a) Owner of the business, (c) The
kind of business thereby licensed; (d) Name and location
of such business, (e) The amount of the license tax, (f)
The date of expiraiion of such license, and (g) Such other
information as deemed necessary by the Collector.
2125. DUPLICATE LICENISE. A duplicate license may be issued
by the Collector to replace any license previously issued
hereunder which has been lost or destroyed, upon the
licensee filing a sworn statement: as to such fact, and at
the time of filing such statement paying a fee of Three
Dollars ($3. 00) .
2126. NO LICENSE TRANSFERABLE: AMENDED LICEI'4SE
FOIi CHANGED LOCATION. No license issued hereunder
shall be transferable; provided, that where a license is
issued for a business at a particular place, such licensee
may upon application therefor and paying a fee of Five
Dollars ($5. 00), have the license amended to cover the
transacting and carrying on of such business under said
license at some other location to which the business is
or is to be moved.
ARTICLE 213
PAYMENT AND COLLECTION
2131. LICENSE TAX - WHEN PAYABLE. Unless otherwise spe-
cifically provided, all annual license taxes are due or pay-
able in advance on the first day of October of each year.
a. Each person required to have a license shall be liable
for the payment of the fee for the full term, except
that a new license application shall be prorated t.o.the
first of the month of operation, or business license
application, whichever is sooner.
b. Any person making application for a license for the
.first time or making application for a license which
was not issued to that person in the preceding fiscal
year shall be considered a new applicant for purposes
of prorating fees.
C. When a person makes application for a license as a
new owner of a business, and when the preceding owner
has paid the annual business license tax for the current
year, the new owner shall be issued a license for the
unexpired term of the preceding owner's license for a
fee of ten percent (10%) of the annual business license
tax for that business, provided, however, that the new
owner shall otherwise have his application processed
as though he were a new license applicant.
I 2132. DELINQUENCY: PENALTY. All renewal licenses shall be
delinquent if not paid on or before the last day of October. A
penalty of ten percent (10 jo) of said license tax shall be added
to delinquent licenses on the first day of the succeeding month
after the due date thereof, and an additional penalty of twenty
percent (20%) shall be added thereto on the first day of each
succeeding motrth thereafter, provided that the amount of such
penalties to be added shall not exceed fifty percent (50 ,) of
the license tax due.
15,0
Ordinance No, 908
Page Eight
2133, PENALTY: NEW OR INITIAL LICENSES. A penalty of fifty
percent (50m/o) of the prescribed license tax, or Twenty Dol-
lars ($20), whichever is higher, shall be added to the License
for any business starting operations before first applying for
and securing a business license, unless otherwise provided,
2134. EXTENSIONS OF TIME, In addition to all other powers con-
ferred upon him, the Collector shall have the power, for
good cause shown, to extend the time for filing any required
sworn statement or application for a period not exceeding
thirty (30) days, and in such case to waive any penalty that
would otherwise have accrued, except that ten percent (10%)
of any tax determined to be payable shall be added thereto.
2135. LICENSE AS DEBT: COURT ACTION, The amount of any
license imposed hereunder shall be deemed a debt to this
City; and any person, firm or corporation carrying on any
trade, calling, profession or occupation mentioned herein
without having a license from this City so to do, shall be
liable to an action in the name of the City of Palm Springs
in any court of competent jurisdiction, for the amount of
license tax imposed herein on such trade, calling, profession
or occupation.
2136. LEGAL ACTIONS AND PROCEEDINGS AUTHORIZED, The
City Attorney or the Collector may, on behalf of the City of
Palm Springs, take all appropriate legal action in order to
collect such debts owing to the City, and may commence, or
defend, in the name of said City in any court of competent
jurisdiction , an action or actions relating to any amount of
license tax, penalties and interest alleged by the Collector
to be due the City, or an action to collect the amount of any
delinquent tax„ together with penalties and interest clue.
2137. COURT COSTS. In case of recovery by the plaintiff, court
costs shall be added to the judgment as costs to be collected
from the defendant or defendants.
.ARTICLE 214
ENFORCEMENT
2141, CUMUL.ATiVE REMEDIES . PUN(SHMENT, COI.,LECTION.
The conviction and punishment of any person for engaging
in any business without first obtaining a hccnsc� to conduct
such business shall not relieve such person from paying the
license fee clue and unpaid at the time of such conviction,
nor sliall the payment of any license fee prevent a crirnirtal.
prosecution for the violation of any of the provisions of this
Code. AIL remedies prescribed hereunder shall he cumula .
live and the use of any one or more remedies by the Cite
shall not bar the use of any other remedy for the purpose
of enforcing the provisions of this Chapter, or any other•
provisions of this Code.
2142. DEFENSES. Nothing herein shall prevent a criminal prose-
cution for any violation of the provisions of this Cole.
2143 . SHOWING OF LICENSE, Every person having a license shall
produce and exhibit the same whenever requested to do so by
any police officer, or by any officer authorized to issue, in-
spect or collect licenses.
Ordinance No. 908
Page Nine
2144. POSTING AND KTEEPING OF LICENSES. All licenses
shall be kept and posted in the following manner; and no
person having a duty to do so, shall fail, refuse or neg-
lect to comply with the ,"ollowing regulations:
I a. Any licensee transacting and carrying on a business
at a fixed place of business in the City shall keep the
license posted in a conspicuous place upon the premi-
ses where such business is carried on.
b. Anv licensee transacting and carrying on business,
but not operating in a fixed place of business in the
City, shall keep the license upon his person at all
times while transacting and carrying on such busi-
ness within the City of Palm Springs.
C. Any licensee using a motor.' vehicle in connection
with his business shall affix decal to the right hand
lower corner of the windshield of such vehicle;
said decal to be furnished by the City, showing that
a license has been issued.
2145. ERROR IN TAX NONP]%EJiJDICIAL. In no case shall any
mistake by any officer or employee of the City in stating
the amount of a license tax prevent or prejudice the collec-
tion by the City of what should be actually due from any
person carrying on a business subject to a license under
the provisions of this Chapter.
23.46. ERROR IN ISSUANCE OF LICENSE. The City shall not
be bound by the mi.sta.ke of any officer or employee of the
City in issuing a license contrary to the terms of this Chapter.
ARTICLE 215
DETERMINATION OF ASSESSMENTS IN SPECIAL CASES
2151. DETERMINATION OF ASSESSMENTS IN SPECIAL CASES.
If any person fails to file any required statement within the
time prescribed, or if after demand therefor made by the
Collector he fails to file a corrected statement, or if any
person subject to a license tax imposed hereunder fails to
apply for a license; or if any such person disputes the
amount of tax due or the categorization of the business in-
volved, the Collector may determine the amount of license
tax due from such person by means of such information as
he may be able to obtain.
If the Collector is not satisfied with the information supplied
in statements or applications filed, he may determine the
amount of any license tax due by means of any information
he may be able to obtain.
If such a determination is made the Collector shall give a
I notice of the amount so assessed by serving it personally
or by depositing it in the United States Post Office at Palm
Springs, California, postage prepaid, addressed to the person
so assessed at his last known address. Such person may,
within fifteen (15) days after the mailing or serving of such
notice, make application in writing to the Collector for a
hearing on the amount of the license tax. If such application
7
Ordinance No. 908
Page Ten
is made, and the Collector does not thereupon make an
adjustment in the assessment satisfactory to the taxpayer, I
the Collector shall cause the matter to be set for hearing
within thirty (30) days before the City Council, The Col-
lector shall give at least ten (10) days notice to such per-
son of the time and place of hearing in the manner prescri-
bed above for serving notices of assessment. The Council
shall consider all evidence produced, and shall make find-
ings thereon, which shall- be final. Notices of such find-
ings shall be served upon the applicant in the manner pre-
scribed above for serving notices of assessment,
ARTICLE 216
APPEALS
2161. APPEALS. Any person aggrieved by anv decision of the
Collector with respect to the issuance or application for
issuance of any license hereunder may appeal to the City
Council by filing a notice of appeal with the City Clerk.
The City Clerk shall. 'thereupon fix an early time and place
for hearing such appeal. The City Clerk shall give notice
to such person of the time and place of hearing by serving
it personally or by depositing it in the Unired States Post
Officc at Palm Springs, California, postage prepaid,
addressed to such person at his last known address. The
City Council shall have authority to determine all questions
raised on such appeal. No such determination shall con -
flict with any substantive provision of this ordinance.
ARTICLE 217
RECORDS CONFIDENTIAL
2171. CONFIDENTIALITY OF BUSINESS LICENSE RECORDS.
It shall be unlawful for the Collector or any person having
an administrative duty under the provisions of this Code
to make known in any manner whatever the business affairs,
operations, or information obtained by an investigation of
'records and equipment of any person required to obtain a
license, or pay a license tax, or any other person visited
or examined in the discharge of official duty, or the amount
or source of income, profits, losses, expenditures; or any
particular thereof, set forth in any statement or application,
or to permit any statement or application, or copy of either,
or any book containing any abstract or particulars thereof
to be seen or examined by any person. Provided that noth-
ing in this section shall be construed to prevent:
(1) The disclosure to, or the examination of records
and equipment by, another City official, employee, or
agent for collection of faxes for Elie sole p,_irpose of adrnini.s-
tering or enforcing any provisions of this ordinance, or col- I
lecting taxes imposed hereunder;
(2) The disclosure of information to, or the exa;nina-
tion of records by, Federal or State officials, or the tax of-
ficials of another city or county, or city and county, if a
reciprocal arrangement exists; or to a grand jury or court
of law,_ upon subpoena;
(3) The disclosure of information and results of
examination of records of particular taxpayers, or relating
to particular taxpayers, to a court of law in a proceeding
';-35,3
Ordinance No. 908
Page Eleven
brought to determine the existence or amount of any
license tax liability of the particular taxpayers to the
C ity;
(4) The disclosure after the filing of a written
request to that effect, to the taxpayer himself, or to
his successors, receivers, trustees, executors, ad-
ministrators, assignees and guarantors , if directly
interested, of information as to the items included
in the measure of any paid tax„ any unpaid tax or
amounts of tax required to be collected, interest and
penalties; further provided, however, that, the City
Aktor ney approves each such disclosure and that the
Collector may x efuse to make any disclosure referred
to in this paragraph when in his opinion the public in-
terest would suffer thereby;
(5) The disclosure of the names and addresses of
persons to whom licenses have been issued, and the
general type or nature of their business;
(6) The disclosure by way of public meeting or
otherwise of such information as may be necessary to
the City Council in order to permit it to be fully advised
as to the facts when a taxpayer files a claim for refund
of license taxes, or submits an offer of compromise with
regard to a claim, asserted against him by the City for
license taxes, or when acting upon any other matter;
I (7) The disclosure of general statistics regarding
taxes collected or business done in the City.
ARTICLE 218
VIOLATIONS
2181. VIOLATION A I%ISDEMEANOR. Any person who shall
violate any of the provisions of this Chapter shall be
guilty of a misdemeanor,
2182. CONTINUING VIOLATIONS. The carrying on of any busi-
ness, trade, calling, profession or occupation withou.
complying with the requirements of this Chapter shall be
deemed a separate violation of this Code for each and
every day that such business, trade, calling, profession
or occupation is carried on.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force
and effect thirty (30) days after passage.
SECTION 4. PUBLICATION. The City Clerk is hereby ordered and
directed to certify to the passage of this Ordinance and to cause the same
to be published once in THE DESERT SUN, a daily newspaper of general
circulation, printed, published and circulated in the City of Palm Springs,
California.
ADOPTED this 13thday of December 1971
AYES: Councilmen Foster, McCoubrey, Pitts, Purcell and Mayor Wie£els
NOES: None
ABSENT None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
F. D. ALESHIRE (,
CiY Jerk
Dcp-Lfl:y City Clerkr �'iayor
A .. OVED AS T(OYORM: CONTENTS APPROVED:
C y �ttorne9
„ -,a 11-29-71 1
a D
I hereby certify that the foregoing Ordinance 908 was duly adopted by the
City Council of the City of Palm Springs in a meeting thereof held on
December 13, 1971, and that same was published in THE DESERT SUN, a
newspaper of general circulation on December 22, 1971.
Dated this 29th day of December, 1971.
F.D. ALESHIRE
City Clerk
I
BY: JUDITH SUMICH
Deputy City Clerk
I
D5
ORDINANCE NO. 909
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING CHAPTER 22 OF DIVISION
2 OF THE PALM SPRINGS ORDINANCE CODE BY
I REVISING PROVISION'S CONCERNJNG RATES OF
BUSINESS LICENSE: TAXES.
-----------------------
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1, Chapter 22 of the Palm Springs Ordinance Code is hereby
amended and revised, to read as follows:
CHAPTER 22
BUSINESS LICENSE TAX- RATES
ARTICLE 220
GENERAL
2201. LICENSE RATES PRESCRIBED, CLASSIFIED. The several
rates of business license taxes payable in connection with con-
ducting or carrying on businesses, shows, exhibitions and
games within this City, are hereafter in this Chapter prescribed
and classified. Every person who engages in business, whether
or not at a fixed place of business, within the City of Palm
Springs, shall pay a license tax based upon (a) a fixed fee, or
I (b) the graduated scale as hereinafter prescribed, or (c) the
graduated scale with minimum fee as prescribed, or (d) a
gross receipts basis. The various categories into which
particular businesses fall with regard to tax rates payable
shall be as hereinafter more specifically set forth.
2202, ACTIVITIES WITHIN SCOPE OF LTCENSE TAX. Each business
for which a license tax is paid hereunder shall include and em- i
brace the several activities generally understood and accepted
as customary to be associated with and a part of same.
2203. OUT-OF-TOWN BUSINESSES. Unless otherwise herein prescribed,
with the exception of those contractors licensed by the State of
California pursuant to Chapter 9 (commencing with Section 7000)
of Division 3 of the Business and Professions Code of the State
of California, out-of-town businesses shall pay twice the mini- {
mum fee; and where no minimum fee is prescribed the out-of-
town fee shall be One Hundred Dollars ($100. 00) per year.
2204. UNMENTIONED BUSINESSES. In any case where business is I
conducted within the City, whether or not at a fixed place of
business within the City, and such business is not specifically
mentioned in Chapters 21 and 22 for purposes of assigning a
tax -rate thereto, then said business shall have its license tax
I computed upon the basis of the "graduated scale.
2205, GRADUATED SCALE BASIS OF COMPUTATION. Whenever
in Chapters 21 and 22 the term "graduated scale" is used it i
shall refer to the following basis of license tax computation;
and whenever a license tax is to he computed on the basis of
"graduated scale, " it shall be computed on the basis of the
number of employees utilized in the conduct of the .business,
with rates as follows:
Ordinance No, 909
Page Two
1 or 2 Employees $ 50. 00 per year
3 to 6 " 100. 00
150. 00
7 to 10
11 to 14 200. 00
15 to 20 " 250. 00
21 to 30 " 300. 00
31 to 40 " 350 .00
41 to 50 " 400, 00
51 or more employees. $400 per year plus $5 for each
employee over fifty (50)
2206. "NUMBER OF EMPLOYEES DEFINED, As used in connection
with computations based upon the graduated scale, "number of
employees" means the greatest number of individuals taking part
in the business during any 24 hour period included within the term
of the license (provided, however, that no such computation shall
be based upon an employee count which was abnormally inflated for
a period of less than 24 hours by reason of a special event or
extraordinary situation),
ARTICLE 221
FIXED FEES
2211, FIXED FEE LICENSE TAX CATEGORIES. Businesses and
business activities listed in this Article are subject to business
license tax, on the basis of fixed fee rates as set forth herein. I
A, AUCTION. For the business of selling lands, tene-
ments, hereditaments, goods, wares, merchandise or
real or personal property of any kind or description at
auction or outcry, $300 for each quarter year or frac-
tion thereof.
A-1. EXEMPTION: AUCTION REQUIRED BY LAW.
Where an auction in connection with a duly licensed
existing business is required by law, no tax will
be applicable, provided however, that the licensee
shall notify the Collector in writing prior to the
auction, regarding time and place.
A-2. EXEMPTION: GOVERNMENT LEGAL SALES.
No license tax shall be applicable for the selling
at public sale of goods or property belonging to
the United States or to the State of California., or
by virtue of process issued by any State or Federal
Court or by the legally appointed administrator or
executor of an estate.
B. AUTOMOBILES FOR I3IRE, U-DRIVE AUTOMOBILES,
TAXICABS FOR HIRE. For operating any taxicabs for
hire or U-Drive automobiles, including yearly leasing, I
the fee shall be $500 per year. The fee for out-of-town
operators shall be $750 per year.
C. AUTO WRECKING. For every automobile wrecking
business where wrecked or damaged automobiles are
bought or sold in whole or in part, $600 per year.
D, BAKERY AND CATERING WAGONS, ETC. For each
bakery, catering or luncheon wagon, chuck wagon, or
any type of operation where Food products of any sort
are dispensed from trucks, $50 per year. This license
fee shall be in addition to the fee charged the permanent
place of business . Operations from ont-of-town locations
shall pay a fee of $100 per year for each vehicle.
Ordinance No. 909
Page 'Three
E. BANKRUPT, ASSIGNED OR DAMAGED GOODS.
For selling or offering for sale any bankrupt, as-
signed or damaged stock of goods, wares, mer-
chandise of whatsoever nature or kind, $100 per day.
F. BROKER. REAL, ESTATE: For every real estate
broker, $50 per year, and $25 per year for every real
estate salesman or real estate broker acting as sales-
man under a licensed broker during the term of the
license.
G. CARNIVAL. For every carnival, as defined herein,
$300 per day, plus an additional charge of $50 per day
for every separate show, attraction or exhibition
carried on as part of such carnival.
G-1, "CARNIVAI,':' DEFINED. "Carnival" means any
group of attractions such as ball games, dice
games, merry-go-rounds, ships, ferris wheels
or other riding devices, freaks, dancing shows,
minstrels, or any other like entertainments or
games, for which a charge is made for attending
or playing or participating therein.
G-2, CONCURRENT ATTRACTIONS. For every Fame,
show or attraction mentioned in Sections "H' and
"H-1" when said game, show or attraction is con-
ducted or presented as part of or at the same time
the other games, shows or attractions, as men-
tioned herein, are conducted or presented under
proper license $50 per day for each such separate
game, show or attraction.
H. CIRCUS, MENAGERIE. For each exhibition, for pay,
of a circus, caravan, menagerie or entertainment at
which feats of horsemanship, acrobatic, and trained or
wild animals are exhibited or displayed in this City,
$150 for each performance.
H-1. SEPARATE EXHIBITION: SIDESHOW . For each
separate exhibition or sideshow of any panorama
figures, jugglers, necromancers, magicians, wire
or rope walking, sleight-of-hand act or other attrac-
tion, an additional $150 for each performance.
1-I-2. SEPARATE PRICE. When a separate price is
charged, each shall be considered a separate
exhibition.
H-3, DAY AND NIGHT PERFORMANCES. An exhibition
in the daytime shall be considered one performance,
I and exhibitions after dark on the same day consider-
ed other performances.
H-4. MEDICINE SHOW. $100 per day or fraction thereof.
H-5. MERRY-GO-ROUND. For any flying horses, merry-
go-rounds, Ferris wheels or other riding devices not
in conjunction with any other show, game, attraction
or carnival as mentioned herein, $50 per day.
Ordinance No. 909
Page Four
I. CHARTER BUS SERVICE. For the business of
operating a charter bus service, $50 per year.
J. CLUBS, PRIVATE. RECREATIONAL. Shall pay I
for each separate type of activity in accordance
with the fees set forth in this Chapter.
K. COIN-OPERATED MACHINES. For every person
owning, possessing or maintaining any coin-
operated machine, the operation or use of which
is controlled by placing therein any coin or disc,
license shall be issued for one (1) or more machines
at specific locations or premises, with privilege
of substituting machines and according to the schedule
hereinafter set forth.
K-1, APPLICATION. CHANGE OF LOCATION.
The licensee of each such machine shall at
the time of application for the license or
renewal of license, advise the Collector in
writing, as to the location of each machine
to be licensed.
K-2. SCHEDULE OF FEES. Fees for any coin-
operated machine shall be charged for each
such machine, for one (1) year or fraction
thereof, according to the following schedule: I
2-a. BEVERAGES, $10,
2:b. CIGARETTES, $10.
2-c. FOOD, $.10,
2-d. KIDDIE RIDES, $10.
2-e. POSTAGE STAMPS, $1.
2-f. RADIO DEVICES, $1 .
2-g. SELF-SERVICE LAUNDRY
MACHINES, $5. (Except those taxed
on a gross receipts basis as specified
elsewhere in this Chapter) .
2-h. SERVICE MACHINES, INCLUDING SOAP
AND LAUNDRY BAG DISPENSING
MACHINES, $5.
2-i. OI-E CENT VENDING MACHINES. The
business license fee for machines dis-
pensing products for one cent only shall
be $25 per year for the first 25 machines
plus 50 cents per year for each additional
one cent vending machine.
2-j, PHOTOGRAPH MACHINES, $100.
2-k. DEVICE REQUIRING COIN TO OPEN.
For each, $2 per year.
2-1. OTHER PURPOSES. For each machine
used for a purpose other than those spe-
cifically mentioned herein, $10 per year.
2-m. RELAT110N TO OTHER FEES. The license
fees herein provided are in addition to the
license fees required by Chapters 21 and
22 for any other business, occupation,
show, exhibition or game that the same
may be c onducted in conjunction herewith.
2-n. ILLEGAL DEVICES. Nothing herein shall
be construed to imply an intent to allow or
provide for the use of any machine or de-
vice prohibited by law.
Ordinance No. 909
Page Five
K-3. WIRED MUSIC AND PIiONOGRAPHS. For
every person owning, operating, possessing
or maintaining a wired music system by
I which music, sound or voice is distributed
or reproduced over wires from a central
station to outlets at more than one separate
place of business, the operation or use of
which wired music is controlled by placing
therein any coin or disc or upon a. contract
basis, $100 per year for the central station.
3-a. JUKE BOXES. For every person
owning, operating, possessing or
maintaining a phonograph or other
device by which music, sound or
voice intended primarily for
amusement purposes, is reproduced
at a single place of business, and the
operation or use of which is controlled
by placing a coin or disc in a recep-
tacle , a base fee of $500 per year,
plus $15 for each machine. If in-
dividually owned $25 per, machine.
K-4. SEIZURE FOR NONPAYMENT. Any coin-
operated 'machine, device or game not
licensed under this Article and found in any
store, hotel, motel., restaurant, cafe, pool
hall or other commercial establishment or
public place in the City of Palm Springs may
be seized by the Chief of Police or the Collec-
tor. Such a machine shall be redeemable by
the true owner only within a period of not ex-
ceeding sixty (60) days on the payment of
costs of seizure, if any, to the City of Palm
Springs, together with the license tax, plus
penalty, if any, for the period during which
such machine was installed, used or main-
tained without a City license.
K-5. REDEMPTION AND/OR SALE. If the true
owner cannot be found after reasonable in-
quiry, or if the owner fails to redeem, then
the machine may be confiscated and sold by
the Collector at the end of sixty (60) days,
after notice by registered mail to the last
known address, if any, of the owner. The
proceeds of such sale shall be credited to
the General Fund of the City of Palm Springs.
L. DANCE OR DANCE HALL ( Public). For public
dances, dance hall or ballroom open to the general
public, or any club or association which conducts
I dances only for its members or bona fide guests,
more often than once per month, at which a fee is
charged, $25 per day or $300 per year, in addition
to the license fee required by Chapters 21 and 22
for any other business, occupation, show, exhibition
or game that the said public dance may be conducted
in conjunction with.
PJi. DELIVERY AND TRANSFER SERVICES. Trucking
lines, including all common carriers excluding those
licensed by Interstate Commerce Commission, $50
per year.
Ordinance No, 909
Page Si•x
N. FERTILIZER. Where fertilizer only is sold and
delivered from outside the City, $50 per year,
O. HOTELS, APARTMENTS, COURTS, ROOMING I
HOUSES, CONVALESCENT HOMES, REST HOMES,
HALFYVAY HOMES, REHABILITATION HOMES,
ETC. For the business of renting or letting rooms,
or providing resident services, in any hotel, room-
ing house, boarding house, apartment house, court,
lodging house, convalescent home, rest home,
halfway home, rehabilitation home, etc. , according
to the number of rooms equipped for sleeping pur-
poses which are for rent or to be let, as follows:
3 to 6 rooms, inclusive, $25 per year, or portion thereof.
7 to 12 rooms, inclusive, $50 per year, or portion thereof.
13 or more rooms , $4 per room, per year or portion thereof. .
0-1. DINING AREAS. For all dining areas or
restaurants where food is prepared for guests
in conjunction with any hotel, apartment house,
rooming house, boarding house, lodging house
or court, $50 per year additional.
0-2. FOOD SERVED. For food or beverages served
in conjunction with such hotel, apartment house,
or rooming house, lodging house or court, with-
out dining area or restaurant space, $25 per year.additic
P. LAUNDRY AND CLEANING BUSINESSES. For every
local laundry and/or cleaning and pressing business,
$200 per year.
P-1. OUT-OF-TOWN OPERATORS. For every out-of-
town laundry and/or cleaning and pressing business,
$400 per year.
P-2. SPECIALTY LAUNDRY, For every laundry deal.-
i.ng solely in the cleaning and pressing of rags,
mops, uniforms or a combination thereof., $100
per year.
P-3. ROUGH DRY LAUNDRY. $50 per year,
Q. MODEL HOME. $500 per year over and above all
other permit fees imposed by other ordinances of the
City,
R. NURSE, PROFESSIONAL. For each professional nurse,
$15. 00 per year or portion thereof.
S. PATROL-PRIVATE. For conducting a private patrol, I
detective agency or a night watch service, $500 per year.
T. .PAWNBROKER. For every pawnbroker, $300 per year.
U. PEDDLERS OR SOLICITORS. For every peddler or
solicitor, not a resident of Palm Springs, $300 per year
or traction thereof.
For every peddling or soliciting operation or business,
where the peddlers, solicitors, or representatives are
residents of Palm Springs, $150 per year or Frac;:i.on
Ordinance No. 909
Page Seven
thereof for 1-2 peddlers, solicitors or repre-
sentatives; and for any peddlers, solicitors or
representatives in excess of two (2), triple the
amount computed on the basis of the graduated
I scale.
This subsection shall not be deemed to apply to
advertising or promotional. schemes by local or
out-of-town retail or wholesale business houses,
or any other similar established business, but
its application shall be limited to only those busi-
nesses or operations whose only method of sale
is through door-to-door or place-to-place solici-
tation or other method of peddling.
V. PICK-UP OF GOODS, WARES OR WASTE PRO-
DUCTS, for use or repair outside the City, $25
per year.
W, POOL OR BILLARDS, BOWLING ALLEY, SHUFFLE-
BOARD AND SIMILAR GAMES BUSINESSES. For
every person operating an establishment therefor, or
placing devices therefor, as a principal business, a
base tax of $500 per year, plus $15 for each machine,
alley, table or other device, whether used or not.
For every such game, amusement, table, alley, or
device used in a place of business only incidentally
to another principal business activity and not taxable
on the above basis, $25 for each machine, alley, table
or other device, whether fully utilized or not.
X. PREFABRICATED BUILDINGS. For every person
dealing in or selling prefabricated or ready-cut build- _
ings, $200 per year in addition to the license tax ap-
plicable for contractors.
Y. SALESMAN OR COMMERCIAL TRAVELER. For any
person who travels or goes from place to place within
the City and solicits, sells or takes orders at retail
or wholesale from business establishments, for goods,
wares, or merchandise for present or future delivery,
$50 per year.
Z. SECOND HAND DEALER. For every dealer in second
hand goods, wares or merchandise not otherwise spe-
cifically mentioned in Chapters 21 and 22, $200 per
year.
AA. SPORTS EVENTS. For every person conducting,
managing, or carrying on a boxing, wrestling or
other sports event or exhibition where an admission
is charged, $25 per day.
1 BB. TELEGRAPH COMPANIES. For intrastate business,
$100 per year.
CC. THEATERS AND SHOWS - MOTION PICTURE AND
THEATRICAL, INCLUDING DRIVE-IN THEATERS.
For every theater and show, motion picture or
theatrical, including drive-in theaters, at an estab-
lished place of business, the license taxes shall be
as follows:
Ordinance No, 909
Page Eight
CC-1. LESS THAN YEAR. For less than one year,
$20 per day.
CC-2. YEARLY. 1-100 seats or speakers, $200 I
per year,
CC-3. OVER 100 SEATS OR SPEAKERS. For
theaters with more than one hundred seats
or speakers, $200 plus twenty cents for
each seat or speaker in excess of one hundred.
DD. TRAILER OR RECREATIONAL VEHICLE PARKS.
For the business of leasing or renting spaces in any
trailer or mobile home park, or recreational vehicle
park, a license tax computed according to the number
of spaces, at the rate of $3 per space per year or
portion thereof.
EE. WOODYARDS. For a firewood yard business, or for
dealing in firewood, $25 per year for local or out-of-
town dealers,
FF. WHOLESALE DISTRIBUTOR OR WHOLESALE DELIVERY.
For any number of motor vehicles used for the delivery
of goods, wares, merchandise or tangible personal
property, intended for redistribution or resale and
actually redistributed or resold, $25 per year. I
2212. OPTIONAL DAILY FIXED FEE LICENSE TAX BASIS. When
any of the following is conducted as or at a commercial activity
open to all or parts of the general public, whether or not
associated with another activity such as a convention; exhibi-
tion, showing or other gathering or event, the person conduct-
ing the business may, at his option, be taxed on a daily fixed
fee basis for the following business activities, in lieu of longer
term tax bases, and at the following rates:
A. TEMPORARY RETAIL SALES. For the first 4 booths
or individuals selling outside booths, $25 per day.
For each additional booth or individual selling outside
any booth, $1 per day.
B. EXHIBITS OR SHOWS. Arts, coin, furniture, etc. , not
classified elsewhere at a higher daily rate, where a
charge is made for admittance but no sales are nade,
$20 per day.
C. TEMPORARY OR OCCASIONAL SEMINARS, SCIIOOLS,
CLASSES, LECTURES, ETC. , where a charge is made
therefor, $25 per day.
ARTICLE. 222
GRADUATED SCALE
2221, GRADUATED SCALE LICENSE TAX CATEGORIES. Businesses
and business activities listed in this Article are subject to busi-
ness license tax on the basis of the graduated scale.
A•, ADVERTISING AGENT
B, ADVER'TISING: SIGNS. Posting, affixing, stenciling
or painting advertising bills or signs upon any post,
fence, billboard, advertising signboard, building or
Ordinance No. 909
Page Nine
other structure, as well as operating and maintain-
ing any billboards, signboards, advertising structure
or sign device.
C. AIR CARGO SERVICE
D. AIR CHARTER
E. AIR CONDITIONING SERVICE AND MAINTENANCE
F. AIRCRAFT DEALERS AND DISTRIBUTORS
G. AIRCRAFT SCHOOL
kI. AIRCRAFT SERVICE AND MAINTENANCE
1, AIRPORT: TICKET OFFICE AND OPERATION
L AMBULANCE SERVICE
K. ANSWERING SERVICE
L. ANTIQUE DEALERS
M, APPLIANCL SERVICE
N. ARMORED CAR SERVICE
O. ASPHALT DEALER, RETAIL
P. AUTOMOBILE ACCESSORIES, PARTS OR EQUIPMENT
BUSINESS
Q. AUTOMOBILE STORAGE
R. BABY STORES
S, BAR SUPPLIES
T. BARBER SHOP
U. BATHS OR BATHHOUSE
V. BEAUTY PARLOR
W. BEAUTY SCHOOL
X. BEDS AND ACCESSORIES
Y.. BICYCLE REPAIR
IZ. BICYCLE SHOP OP, STAND
AA. BILLIARD EQUIPMENT, RETAIL
BB. BOAT DEALERS
CC. BOOK DEALERS
DD. BUSINESS SCHOOLS
EE. BUS SERVICE - CHARTER ONLY
Ordinance No. 909
Page Ten
FF. CARPET INSTALLATION
GG. CASH REGISTERS AND SUPPLIES
HH. CHEMICALS, POOL i
II. CLOTHING, RETAIL
JJ. COIN DEALERS
KK, COLLECTION AGENCY AND/OR CREDIT BUREAU
LL, COPYING AND DUPLICATING
MM. CRAFTS AND ART SUPPLIES
NN, DATA PROCESSING
00. DIAPER SERVICE
PP. DOG GROOMING
QQ. DOG TRAINING
RR, DONUT SHOP
SS, DELICATESSEN
TT. DRAPERIES, RETAIL
UU. DRESSMAKER
VV, DRIVING SCHOOL
WW. ELECTRIC EQUIPMENT REPAIR
XX. ELECTRIC CABS AND CARTS, RETAIL
YY. EMPLOYMENT AGENCY
ZZ, EQUIPMENT RENTAL SERVICE
AAA. EXHIBITS AND SHOWS - NON-THEATRICAL
BBB. FIRE EXTINGUISHERS
CCC. FISH MARKET
DDD. FRAMES, PICTURE
EEE, FUNERAL DIRECTOR
FFF. FUR DEALERS .. 1
GGG. FURNITURE RENTALS
HHH. GARDENING
III. GLASS, RETAIL
JJJ. GOLF COURSE OR DRIVING RANGE
KKK. GREETING CARDS
LLL. GUNS AND GUNSMITH
M1r�F
Ordinance No. 909
Page Eleven
MMM. GYMNASIUM
NNN. HEALTH FOOD STORE
000. INSURANCE ADJUSTERS
PPP. INTERIOR DECORATOR
QQQ. JANITORIAL SERVICE
ERE. JANITORIAL SUPPLIES
SSS. JEWELRY, RETAIL
TTT. LANDSCAPE GAR1F)ENER
UUU, LAUNDRY AND DRY CLEANING BUSINESS BRANCH
CALL OFFICE
VVV. LAND DEVELOPER, LAND DEVELOPMENT COMPANY
WWW. LAWNMOWER SALES
XXX. LECTURES
YYY. LIQUOR STORE
ZZZ. LOCKSMITH
AAAA. MAIL ORDER BUSINESS
BBBB. MAINTENANCE, BUILDINGS, WINDOWS, SWIMMING
POOLS, ETC.
CCCC. MANUFACTURING
DDDD, MASSAGE PARLORS OR OTHER MASSAGE OPERATIONS
EEEE. MATTRESS DEALERS
FFFF. MEAT, RETAIL
GGGG. MEN'S CLOTHING
HHHH. MILLWORK
IIII. MOBILE HOME DEALERS
JJJJ. MOBILE HOME OR TRAILER SERVICE (PREPARATORY)
h
IKKKK, MODELING SCHOOL
1
LLLL. MORTUARY, FUNERAL HOME
MMAIM. MOTOR DRIVEN CYCLES OR SCOOTERS, RENTALS r
OR SALES
NNNN. MOVING AND STORAGE
0000. MUSIC.AND RECORD SALES
PPPP. MUSICAL INSTRUCTOR
G
Ordinance No. 909
Page Twelve
QQQQ. NEWSPAPERS, MAGAZINES AND OTHER PUBLICATIONS,
excepting that delivery boys shall not be included in coma=
putation of tax.
RRP,P,. NOVELTIES, RETAIL
SSSS. OXYGEN SUPPLIES
TTTT. PAPER HANGER
UUUU. PARKING LOT, provided that no tax shall be due for
a temporary parking lot for which a permit has been
issued pursuant to Section 9405. 01-A.-10 of the Palm
Springs Zoning Ordinance
VVVV. PATIO EQUIPMENT AND SUPPLIES
WWWW. PEST CONTROL
XXXX. PET SHOP
YYYY. PHOTOGRAPHY
ZZEZ. PHOTOGRAPHY EQUIPMENT
AAAAA. PHOTO DEVELOPING
BBBBB. PIANO TUNING AND REPAIR
CCCCC. PRINTING OR BLUEPRINTING
DDDDD. PROPERTY MANAGEMENT
EEEEE. PROPANE DEALER
FFFFF. REAL ESTATE SCHOOL
GGGGG. REDUCING SALON
HHHHH. RENTALS, EQUIPMENT
IIIII. RESTAURANT EQUIPMENT .AND SUPPLIES
JJJJJ. RETAIL BUSINESS NOT CLASSIFIED ELSEWHERE
KKKKK, RUG CLEANING
LLLLL. SCHOOLS, SEMINARS OR CLASSES
MMMMM. SERVICE BUSINESS NOT C,LASSIFII:D ELSEWHERE
NNNNN. SIGHT-SEEING TOURS
00000. SIGN PAINTER,
PPPPP. SOUND SYSTEMS AND EQUIPMENT
QQQQQ. STABLE
RRRRR. STAMP STORES
SSSSS. STENOGRAPHERS, PUBLIC
TTTTT. SWIMMING POOL, EQUIPMENT AND SUPPLIES
Ordinance No. 909
Page Thirteen
UUUUU. TAILOR
1 VVVVV, TELEPHONE COMPANY
WVdWVIFW. TELEVISION CABLE SERVICE
XXXXX. TELEVISION OR RADIO SERVICE
YYYYY. TENNIS INSTRUCTOR,
ZZZZZ. TIRE DEALER
AAAAAA. TOYS, RETAIL
BBBBBB, TRAVEL BUREAU
CCCCCC. TREE SERVICE
DDDDDD, VEHICLE PAINTING
EEEEEE. VEHICLE UPHOLS'rERING AND/OR TOP SHOP
FFFFFF. WEATHER FORECAST SERVICE
GGGGGG. WEED CONTROL SERVICE
EEEEEE. WHOLESALE DISTRIBUTOR OR DELIVERY
I FFFFFF. WIGS, RETAIL
GGGGGG. WINDOW CLEANING
HHHHHH. WOMEN'S CLOTHING
.ARTICLE 223
GRADUATED SCALE WITH MINIMUM FEE
2231. GRADUATED SCALE WITH MINIMUM FEE LICENSE TAX CATEGORIES.
Businesses and business activities listed in this Article are subject to
business license tax on the basis of the graduated scale, but subject to
the minimum fees as set forth herein.
2232. GENERAL.
A. BRICKYARD. $200 minimum..
B. BROKERS - STOCKS AND BONDS, OR INSURANCE, $100 minimum.
C. BUILDING SUPPLIES,
I C-1, GENERAL. $200 minimum; out-of-town operators,
$400 minimum.
C-2. LIMITED. Dealing in but one commodity, $50 minimum;
out-of-toNvn operators, $100 minimum.
D. DANCING S-CHOOL. For every dancing school or academy for
persons over the age of eighteen years, $100 minimum, in addi-
tion to any other applicable license tax which may be required
in connection with any other business, show, exhibition or game
in conjunction with which the said dancing school or academy,
or public dance, is conducted.
ea�T
er
Ordinance No. 909
Page Fourteen
D-1, CHILDREN'S DANCING SCHOOL. For every dancing
school or academy for children not more than eighteen
years of age, $50 minimum.
E. EATING AND/OR DRINKING PL ACES. For every lunch counter,
$50 minimum; for every restaurant, cafeteria, bar, cocktail
lounge, night club, pub or beer bar, or any other place with
booths or tables, $100 .minimum.
E-1. DANCING. For every eating and/or drinking place
at which any dancing club, public dance or public
dance hall is conducted in conjunction therewith, a
license tax of $300 shall be paid in addition to the
regular license tax for said eating and/or drinking place.
F. ESCROW BUSINESS. $100 minimum.
G. ICE MANUFACTURING, DISTRIBUTION OR VENDING.
G-1. MANUFACTURING. For every manufacturer of ice,
$200 minimum.
G-2, DISTRIBUTING AND VENDING. For every distributor
or vendor of ice, not a manufacturer, $100 minimum.
G-3. VENDING MACHINES, In addition to the above basic
taxes, every manufacturer, distributor or vendor of
ice shall pay the sum of $10 for each coin-operated
machine.
H. INVESTMENTS, LOANS OR SIMILAR BUSINESS. $100 rninimurn.
I. LUMBER OR LUMBER YARD. For conducting or carrying on a
lumber business or lumber yard, $200 minimum; out-of-town
dealers, $400 minimum.
J. MOBILEHOMES, TRAILERS AND RECREATIONAL VEHICLES -
NON-MOTORIZED. For conducting the business of selling, and/or
leasing and/or renting non-motorized vehicles such as mobilehomes,
trailers and recreational vehicles, $200 minimum.
K. RADIO OR TELEVISION BROADCASTING. `£200 minimum.
L. SKATING RINK. $100 minimum.
M. VEHICLE SERVICE STATIONS AND GARAGES. For every service
station, garage or repair shop where motor vehicles are serviced,
repaired or maintained, $100 minimum. In addition to the basic
tax, there shall be paid $20 for every fuel pump in excess of five
(5) in number.
N. VEHICLE SALES AND SERVICE. For every factory-franchised
dealer conducting the business of dealing in or selling (including I
leasing and renting) new or used motorized vehicles other than
motor driven cycles or motor scooters, whether or not with a
service and repair department or facility, $200 minimum. For
other businesses of dealing in or selling such motorized vehicles,
$200 minimum so long as there is no leasing or renting of such
vehicles. For any such business which does engage in leasing or
renting of such motorized vehicles, $500 minimum, provided that
the rate for out--of-town operators shall be $750 rninimurn.
O. VEHICLE T(YvVING OR TRANSPORTING. $100 minimum.
O"'Jinance No. 909
1'ai;r: IIilLcen
:2253, t1C .'C31,S
A. Typr. SLaie Class ;liminun Pee
Com1 - -- --
i-nrl' �'ac1or - A $> lt�i
GS-�i7air 1 ni �lauy tur- H-1 75
I �iiler hui ry rr1 Lnai�_�ip:
;ie _m hji.r C- 9 50
Cabruei anal ill VV nrk C-5 50
('CCiield and C;oncre'E- C-3 75
i?lr:ctr real (_;cncr•u1) C-7.0 ,0
Jileclrival S1P' C-45 50
h J cva,o In5I �-"I -"jIl-
n C-1.1 50
Eecn:-atin5, ,l�`;1d�ru, iren„hiug.
pav,r_g, �,url3cinr� C-) 2 15
le Proie..,ion !-neeri!ig C- 16 50
Flooring (wou(I)) C-15 50
Gi nf; C-17 50
lh :,irg �•.uG Duild,ug li'ioe�i,b C-21 115
L�suiaf.lon C-2 50
Landscape-a ' C-27 50
Lathing C"-?,G 50
TVIasoii'y C- 29 50
CF na.rnental hlelsais C. 23 50
Pai.niing, decorat,ng C-33 50
Plasterinix C-35 75
T'lurnbIng C-36 75
IteIrjgeration C-38 50
hoofing C -39 75
Se,ver, Sewage Disposal, Drains,
Ceireiit. l'i;,e La),,rg C-42 50
Sheer PJIeta7 C--43 50
Steel Ite9nforcing C-50 50
Steel Sir u,^tuxal C-51 75
Si.-.- ucuaral Conirol C-22 50
swillrai-ng Pool C-53 50
Tile (cerarruc oy, i:nos ic) C-54 50
Wari-ri- air heating, veiitilat.ing,
a r conditioning C-20 50
C.Iding C--60 50
Well Drilling C- 57 50
Classified Specialists C--61 50
13. ADDITIONAL, TAX 7+Oh St1OP OR STOT:,T�. ]n addition
, the ka,sic license la% pav able by a contractor as com
I_,uted pursti:uit to Section 221I and subseci.ion A . above
of Section L3233, each contractor shall pay tax co3nputed
oit !lie basis of the gro.duated scale, For any shop or stone
operated at a fix(+d place of business within the City in
connection of coniunctiorn with the conic acting business.
2234. P13OPESSIONAI, CL,A5S7L'ICATIOIVS. The following classifi-
cations are, for the purposes of this Chapter, considered to
be. of a professional nature, and each such proiessio�Jal
-� l;l djV Ud llai shall p,7y a mimmuni annUdl fee of $75,
A . AC C'OU l�`1'�1�?T
73. A PPI?i:.1,S9 R
C. Al "i 17J C-1
D. A.SSAIE;I
E. C) -1
r�i.W�7. i..rJ{,e'i_.
Ordinance No. 909
Page Sixteen
F. CIILROPO[:IST
G. CIl1ROPiiACTOsi
H. DENTIST I
I. DESIGNER
J. ELECTIROL0CTIST
K. ENGINEER
L. HYPNOTHEFAPIST
M. MARRIAGE. & <AIlftILY COUNSI_,LOh
N . OCCULIST.
O. OP':CICIAN
P. OPTOMETRIST
Q. OSTEOPATH
R. PIIYSTCIA.N
S. PHYSIOLOGIST
T. PHYSIOTHERAPIST I
U. PSYC[IOLOGIST
V. SURVEYOR
GV . VF..`E`Z[NA13IA.N
A. S-IZAY T'ECHNICT.AN
ARI'ICLL; 224
GROSS 11EIC: IP'.l' i BASIS
2221. CATEGORIES Till V\1H1CfT Tb`..,:,ES `'JiZC:Cii`iIPl1'I'fSL) f'N A
C''IrOSS )iF.C'ELPTS I3ASIS, ar(I husu'_ actin; ties
listed in this A-L tta_ne are subject t�) ia3: to
be coinpuied on a orrs3 receipts basis . If a!i,y Li_,ted
or nfentioned herain is also 1)eted or Co-;01 <1 in
this Chapter for tax ccrnpLiLation on i difrereni b)sie, j,le
provisions of this Aetirle shall pr i-,v;til.
n f f,,•.l, Uf , N, VC'
22,�} L iL(`ID'tiY LS.tU1I-i! ,_� i t3(fvlh.i'SS, "Lf�,.- Dili'_;, iZ;�,[;TLL .,,
OPi�'Ii 1TTGG, Any person w1unne bue wn w ih lir,jiM
clusively to re"Ung, leasing or operating loundry enuip -
mcnt, v.,Wher or not coin-operated, Nall ply a license,
Lax coniputed at the pale or once percent (I M -)i n11 gross
rerpipts actually dPV[beLI fL Oni tht' ( 0i'j t-IiACt business
withJn the City. Ycr }")i!t'poses liereof, �:?C•np.,,, Cfc:(�11',�5n
shall mean all suias de,ywited in the inachmes or paid for
the use or the njsrnin•ps, from any M" 'CP, pAor rn the
division, suhWaNion, or distribution or any such monies.
" `i icli: Lu
A. 1L1�T`,'LPd{il�t '1'<�,k I. ,.n 'j,tC'T:.�:�;f�15L' in OFC�C"r C
arinjiMtCMVC cost Oi proCesshiq nny nty? Hconw
tas payra-ent he d,_i'�• iced, a nlit:aa°.:ni of ;6 pol� Yi'ar
shill 1w doe i'i•nni any Hcausec in lho c:il. gory.
�37I
Ordinmire No. 909
Page: Se ,�2nLern
P. 1G9TABL1SIlYfENT'S
EXCLUDED. This category shall not bt deemed
to include coin-operated laundry equipment omed
and opera, ed by a ielail establishment providing
coin-operated 1pundcy egnipinen6 for general pub-
lic use.
C. AUP,ITTING PObUEAS OF COLLIECTOE. In order
to verify that tam coinputalions foi husinesses in
this category are trade accurately, correctly and
Truthfully, the. Collector shall have full povaer° and
autborli,t- io audtl, and inspect any and all business
and accouritin5 records of any such business, re-
Wing directly or indirectly to any business activity
conducted within the City. The Collector shall,
in thin to take whatever
rneans he deoms necessary or uSei'ul to require an
accurate count, or ro himself male or participate
in the makirxg of an accurate. count, of any coins
derived by any coin-operated machine or machines,
Sr.CT'TON 2, Artrcies 225 and 22u of Chapter 22 of the Palm Springs
Ordinance Code are he.,eby renumbered, and henceforth shall be numbered
and located as .-articles 232 and 233, respectively, of Chapter 23 of said
Code.
SECTIC44 3, Article 234 is hereby added to Chapter 23 of the Palm Springs
Ordinance Cote, to read as follows:
lffMCLE 234
ICE V:i_I4D?1`Ii% MACi.ITNES
2341. IC.E VENDING MACHINE LOCATIONS RESTRICTED, lee
vending; machines of any type or size shall not be allowed
on gasoline service station sites. No person shall place
any such inachine at any other location without first obtain-
ing approval from the Planning Commission, which shall
issue a permit therefor if it is found that the proposed loca-
tion will be desirable io the public convenience or welfare
and will be in har;nony with the various elements and
objectives of the Palm Springs General Plan.
SECTION K. Article 235 is hereby added to Chapter 23 of the Palm Springs
Ordinance Coda, to read as follows:
A13'17ICLE 235
NOVELTY SALES AT SPECIAL EVEFdTS
2551. NOVELTY SALES AT SPECIAL EVENTS RESTRICTED.
No person shall sell, vend or peddle any novelty, such as
a souverb-, ballocu, trinket or other small nonedible item,
at any special event open io the general public, such as a
parade, rodeo, snorts event or holiday celebration gather-
ing, without first of-)f.aining : perrok therefor Iron) the Col-
lector. .such permits sl.al.1 be issued only to locally--based
organizations which the Collector finds to qualify as charit-
rLle activities under the criteria set forth in Section 2115
and which will contribute the local net proceeds of such
novelty sales to local philaniluopi.c, charitable or educa-
Mral purposes. No fee shall be charged for any such permit,
Ordinance No, 909
Page Eighteen
SECTIOCd 5. Article 236 is hereby added to Chapter 23 of the. Palm t>prings
Ordinance Code, to read as follows:
ARTICLE 236
PSYC:TIC ACTIVITiI;S FOR PROFIT
2361. FORTUNE TELLING , SPIRITISM AND t0;L.A7'LD ACTIVI-
TIES• No person shall practice or solicit:, advc:'rtise nr
purport to practice, as a_ business or for any considera-
tion, fee, donation, gratuity, reward or compensadon,
any art or calling which seeks or purports to predict or
.foretell future events Or the fate or future acts or for-
tunes of any nation, business, group or persons or in-
dividual, or -which attempts or promises to bring about,
cause, result in Or influence the achievement or per•-
formince of SOrrie personal Or economic objective, by
analysis of parts, products or personal characteristics
Of a Person, or by analysis of any animate or inanimate
object including but riot limited to, celestial body, crystal
hail, tea leaves, or playing or other cards, or through
the exercise of any purpor.•ted psychic, mediurnistic,
prophetic, occult„ clairvoyant or supernatural power.
A. NO person shell act pr' sollclt, advertise or pur-
port to act as n business or for omy covisideration,
Fee, dentition, gratuity, re--vard or cocilpensation,
as a medium or, insirumentalify for cOLnrnunicatit�n
'Ait11 the spirlt of a deceased person Or llartlCipa'te
iu the purported manifestation or materialization
Of SneernaLurEll op mediumistic phenomena .
I3, EXCEPTIOCS, This Article shall not apply to
Or prohibit, any religious Service., Ceremony,
practice, or treatment, or the performance by any
licensed person of the acts and practi_c. s usual to
his calling or, profession, or the perFni•mance of
auv of the act_,; and practices otherwise prohibited
by this Article when clone for the enicrtamnic�nt and
amusement of a ;;coup of. V6 or more persons.
SEC'T10.1 T 6. Article 237 is hereby added in chapter 23 of the .' 0in Spring's
Ordinance Code, to, read as rel[nws:
AP,'_If_'L.0 237
iI/HSCEI.LA-NE'0t.S
2371. C'tT ' C'OOIVCIL PLi:?tP l'i' RL�:1 1i;1:D 1,'C',i; :__1?I;TAIN 'o SI-
1\iiSSSES, No person slmli Conmence, r'onduct Or cai,iy ou
any of the bustnesses or busiries^ activities 13steel ra this;
Section Wiuiout having applied for and been ;rouited a nerrnil
therefor by the City COMM . 1.'r OMAS YOU by i_:Stied fir
cases where the Council finds t'hal. the applicant and prnposed
Participants ;n the msirims or husines_+ ec'l vRA' are, of ;oud
moral charxrt r, and the proposed b istia sw to aklivity ivMgq,: ,
he roadLmix(I In co7r1tl1wor vith 'ill_ pprylk Carh J2 roues anti
regulations, local , Kate or Vedeval, th:-;t nit State and
lvedrrol lim,asing rvquircnicats bc:e'r, or 1w, c
piled with, and Riat, the jornposed toramn or j(n aHois For
ilk(: bris i(i r_;:}; G.' arLivin,l bvill hL'' dt s! i'ai-re io I11c public. Con-
veo'.t9nC,ti :Ita! lveli at , and 'w 11_t b2 iti iL:1C rYLon,j l'J ii,ii ll9 r'. Val I'I i)ilri
olCnte.nls ' qj 0i 30CLiveb of the pi_1,,, Springs 110n;W 'PLO%
ind all. otarr ntHf'ia!i;r -not :,';c �-s rnd r ,;�,'��Inlinu, of
the CILLy. -
Ordinance Pao. 909
PZ?ge L'�rnrteun
fl, . ALi7'OIV(OliII,E C_?1i '.CL;U:'1C NEjAT11'-3-L 011 1ls1\S1NG
{ uh �eri to pror,(-ssinl, uI accordance Wiih Chapi.cr
G3 of this, C(Ide) .
). r U1 (DMO:SIi,E, ly,R1PCliP.�i(- husiuesse-r v,h¢=re wrenked
or darnaGr,d C' bong )l Or void in �l,hole
or in pare..
C. U- .ASSiGNv ,'l) OF, D.^II TAIGEi) GOOKS SALEPS.
or ofCecing fo s_?lc an,y banl:ropt, a„sr ,ircd or
damaged BiOC'h oP goodP- Wdr'efi, OP inerch",ndi se, OF
vrhaisoevet nuCar'e or kind.
13Ti'y'CL1 I�F,NT `,l_, OR AI_' S.
E , ("AIiNIVALR, as referred to in Section `,1,211-C;
b'. Ci13C USES, 10-EIL Aes?➢1CIls5 and the Ll;e, as referred to
in Section 221� 11,
G. I'. �1/1`.IP11OIiI;PS.
H. SECOND IIANIJ DEALERS. Deal ng, in second hand goons,
,wares or merchand?se whether or not carried on in con-
junction wtih another business or with the business of
dealing in new rnerchandise.
2372. POL?C:Is :P)uR1tl7T Fltl6)iJ7PE]S Llsl':')_ L CO: J)UCT] `G LOCK-
-DLIST -IESS. NO pex son shall conduit or carry on the
business of loeksmirh, or a key or lock repair shop -1, business,
without having apple-ed for and been grantor, a permit therefor
by the Chief of Police. Such perrni.ts shall be issued in cases
where, alter investigatl.on the Chief of Police determines that
the applicant and proposed participants in Lhe business or busi-
ness activity are of' good moral character, and tliat the issuance
of the permits will' not prejudice the publir peace, safety, morals
or welfare.
2373. 1 LVOCA'I'lON OF PE1tI ji'1'S. The City Conned shall have the pmper
to revoJ,-e any pernrr.t issued pursnanl to Section 2371 or 2372, after
a hearing conducted with due notice and In accordance with the Leval
princip1-cs of due process, and as a result of ,vhieh hearing the
Council finds a.nd dei,ennines that, factual gronuds exi.si; irres-
pective of vwhen i;lee sam- ira'•sc arose, which v uuld justify denial
of issuance of a permit in the first instance, mrider the criteria
Proscribed in the section under which i.he permit tivas issued.
SECTION 7. EFFECTIVE DATE. This Ordinance shall be in full force and
effect Lhirty (30) days after passage.
SECTION S. PUBLICATION. The City C1er1 is hereby order ed and directed
to certify to the passage of this Orchliaacc and to cause Lhe same to be published
once in TPE, DESERT SUN, a daily It tiwsl-iaper of general circulation, printed,
I pui)lishcd acid circulated in il,c Cl i of palm 5prin9 California,
ADOPTED thisl3Lhday of Decen',er 1.971..
A'YLS: vounci_1mc-r. Foster, P9r_Coubvey; Plri_s, rurc�, and i'L.yor Wiefels
NOU:S3: Flonc
ABSENT: Nonc
FITTEST: : CII'V OLD' P17 AIj,11 SPRJNGS, CA`-JFOi.1N1A
:3ITP'}1'Y :?yL`[' -
7
hP� VpD A; '.CI ) 1,h 0:'':�i'1''hd1E Aill1E,O ,
- �'
! LIzsC" --
DxLc
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I hereby certify that the foregoing Ordinance 909 was duly adopted by the
City Council of the City of Palm Springs in a meeting thereof held on
December 13, 1971, and that same was published in THE DESERT SUN, a
newspaper of general circulation on December 22, 1971.
Dated this 29th day of December, 1971.
F.D. ALESIIIRE
City Clerk (J
-L-,-^ E
g
: JUDITH SUMICH
Deputy City Clerk
I
1
OEDINA.NCE NO. 910
AN Or',DIi6J1NCE OF 'i:'?E CITY OF PALM SPRINGS, CALIFORNIA,
A!_kIE1"D(N^ CHAPTER 55 OF THE PALM SPRINGS ORDINANCE
CODH' I �' COTNIPREIIENSIVELY REVISING REGULATIONS CON-
CERNING ANIMIA.L CONTROL AND :POUND SERVICE WITHIN THE
CITY.
I --------------------
TIIE CITY COUNCIL OF TILE CITY OF PALM SPRINGS, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1, Chapter 55 of the Palm Springs Ordinance Code is hereby
repealed,
SECTION 2. New Chapter 55 of the Palm Springs Ordinance Code is
hereby added, to read as follows:
CHAPTER 55
ANIMAL, CONTROL
ARTICLE 550
DEFINITIONS
5500 DEFINITIONS. For the purposes of this Chapter, unless it is
plainly evident from the context that a different meaning is,in-
tended, certain terms used herein are defined as follows:
I a. "DOG" shall mean any member of the canine family and
shall include female as well as male dogs.
b. "OWNER" shall mean any person, firm or corporation
owning, having an interest in, or having control -or custody
or possession of any animal.
C. "AT LARGE" shall mean an animal off the premises of its
owner and not under restraint by leash, or chain, or not
otherwise controlled by a competent person.
d. 'WILD ANIMAL" shall mean any animal not ordinarily and
customarily domesticated, but under human control.
e. "UNLICENSED DOG" shall mean any dog for which the
license for the current licensing year has not been paid,
or to which the tag for the current year provided for in
this Chapter is not attached.
f. "VICIOUS ANIMAL" shall mean any animal which has bitten
a_person or other animal without provocation or which has a
propensity to attack or bite any person or animal without
provocation..
ARTICLE 551
I DOG LICENSES
551I A.1GNUf:L LICENSE REQUIRED. No person within the city
owning, possessing, controlling, harboring, or keeping any
dog over four months of age shall fail., refuse or neglect to
procure an annual dog license tag for each dog, from the
City Manage: or his authorized agent. No license issued
pursuant to this chapter shall be transferable.
Ordinance No. 910
Page Two
5511. 1 EXEMPTIONS, An annual dog license tag is not required for
any dog found within the city under any of the following condi-
tions:
a. When the dog is owned by, or in the care of, any person
who is a nonresident or who is traveling through the city,
or who is temporarily sojourning therein, provided the
dog is kept within the city for less than thirty days.
b. When the dog has a valid license from either the County
of Riverside or another city within the county, provided
this exemption shall be available for a maximum period
not exceeding six months.
5512 TERM OF LICENSE. The effective period of each dog license
issued shall be from October 1 of any year until September 30
of the following year.
5513 LICENSE FEES. The annual license fee payable shall be the
amount fixed from, time to time by resolution of the City
Council,
5514 LICENSE APPLICATION. The owner shall state at the titne
application is made, and upon standard printed forms of ap-
plication provided for such purpose, his name and address and
the name, breed, color, age, and sex of each dog for which
application is made. I
5514. 1 ANTI-RABIES VACCINATION REQUIRED. As a condition for
the issuance of a license, all applicants for such license shall
procure and deliver to the licensing authority a certificate is-
sued by a duly licensed veterinarian certifying that the dog to
be licensed has been administered an anti-rabies vaccination
within thirty days prior to the issuance of said license, or has
received anti-rabies vaccination sufficient to immunize said
dog against rabies for the 1 i tense period applied for.
5514. 2 ISSUANCE OF TAGS AND CERTIFICATES. A metallic tag
and license certificate with corresponding number shall be
furnished by the licensing authority, upon payment of the
appropriate fee prescribed.
5514. 3 OWNER MUST ATTACH LICENSE. The licensing authority
shall keep a record of such owner or person mnakin„ payment
of said license fee and to whom a certificate and tag sh,a11
have been issued, and the number and date of such certificate
and such tag. Such metal tag issued shall be securely fixed
to a collar, harness, or other device to be worn at all times
by the dog for whom. the registration is issued.
5515 TAG MUST BE SHOWN. No person shall fail or refuse to
show, upon demand of the Animal Control Officer or deputy
thereof or any police officer, the license certificate and the
tag for any duly registered dog kept or, remaining within any
home or upon any enclosed premises under his immediate
control.
5515. 1 REMOVAL,O1)' REGISTRA'j 1ON TAGS PROMB1TC'D. No
unauthorised person shall remove from any doll airs Collar,
harness, or other device, to which is at!acned ra r•cgi5trat,orl
tag for the current license year-, nr retztove such t,ti;' there-
from,
,�M]t=
J
IIC
Ordinance No. 9]0
Page Three
5516 LOST AND DESTRO`_ED TAGS TO BE REPLACED IMMEDI-
ATELY. If the dog license tag is lost or destroyed, the owner
shall immediately procure a duplicate license tag from the licens-
ing authority, for Avhicli a fee of one-half the annual fee shall
be charged.
ARTICLE 552
ANINIAL CONTROL OFFICER
55,20. POSITION CREATED - GENERAL DUTIES. The position of
Animal Control Officer is hereby created and established. The
duties of the Animal Control Officer are as follows:
a. To receive, take up and impound any and all dogs found
running at large contrary to the provisions of this Chapter,
or in violation of any law of the State.
b. To re ri,l- riz* and adequately feed, water and otherwise
care for all animals impounded under the provisions of
this Chapter.
c. To collect impound fees, license fees on impounded
animals, placement fees, and any other fees or taxes
provided for in this Chapter when appropriate.
d. To promptly deposit all monies collected at the pound
with the Director of Finance.
e. To keep true and accurate records of all pound activity.
5521 POWERS OF ENFORCEMENT. In the performance of his duties
as such, the Animal Control Officer and his deputies and assist-
ants shall have, and are hereby invested with, the power and
authority of a police officer of this City, but shall not be deemed
to be members of the Police Department. The Animal Control
Officer, his deputies and assistants, and all peace officers
are hereby empowered to enforce this Chapter and any statute
of the State of California relating to animals, unless otherwise
provided by law.
5522 INTERFERENCE WITH ANIMAL CONTROL DUTIES. No person
shall interfere with, oppose or resist any person authorized to
enforce this Chapter, while such person is engaged in the perform-
ance of his duties.
5523 ANIMALS AT LARGE IN AIRCRAFT OPERATIONS AREAS.
The Animal Control Officer, his deputies and assistants, all
peace officers, and all City employees subject to direction of
the Airport Director, shall have authority, subject to federal
or any other applicable regulations, to apprehend and remove,
or in such person's discretion, to summarily destroy any dog
or other animal found running at large in any landing area or
aircraft movement area at the Municipal Airport.
ARTICLE 553
OFFENSES INVOLVING ANIMALS
I 5530 DOGS RUNNING AT LARGE PROHIBITED. No owner or keeper
of a dog shall allow, permit or suffer such dog, whether licensed
or unlicensed, to be or run at large in or upon any public place
or premises, or in or upon any unenclosed private place or
premises, or in or upon any enclosed private place or premises
other than those of said owner or keeper except with the consent
of the person in charge of said private place or premises, unless
such dog is securely restrained by a substantial leash not exceed-
ing six feet in length and is in charge and control of a person
competent to keep such dog under effective control.
Ordinance No. 910
Page ,Four
5531 NOISE DISTURBANCES BY ANIMALS. I
a. -No person owning, keeping or having in his care or custody
any dog or other animal, shall knowingly permit or suffer
such dog or animal, by any barking or other noise or sound,
to disturb any other person's peace and quiet. This section
shall not be construed to prohibit the keeping of any watch-
dog, provided the keeper thereof takes immediate steps to
quiet such dog whenever it barks, and provided such keeper
never leaves such dog unattended on the premises in a
place where its barking, if prolonged or if repeated an un-
due number of times, disturbs any other person's peace
and quiet.
b. No person, after being informed orally or in writing that
his dog or other animal has by barking or other noise or
sound disturbed any other person's peace and quiet, shall
fail, refuse or neglect to take whatever steps or use what-
ever means are necessary to assure that such dog or
animal does not again disturb such other person's peace
and quiet.
5532 RETENTION OF DOG BY OTHER THAN OWNER. No person
shall, without the knowledge or consent of the owner, hold or
retain possession of any dog of which he is not the owner, for
more than twenty-four hours without first reporting the pos-
session of such dog to the Animal Control Officer, giving his
name and address and a true description of the dog and then
causing the dog to be impounded at the City animal pound for
return to the legal owner. At the discretion of the Animal
Control Officer, any such finder of a dog maybe allowed to
retain possession of the dog in lieu of impoundment. In such
case the Animal Control Officer shall make all normal and
regular' efforts to ascertain the true owner of the dog and
advise him of the whereabouts of the dog.
5533 UNAUTHORIZED REMOVAL OF ANIMAL FROM POUND.
No person shall remove any impounded animal from the
City animal pound without the consent of the Animal Control
Officer.
5534 DOGS AT PUBLIC SCHOOLS PROIIIBITE:D. 1 o person shall
bring any dog, except a seeing-eye clog, onto any public school
property. This section shall not, however, be deemed to pro-
hibit the use of dogs on school property for teaching or other
school uses when approved by the proper school authorities.
ARTICLE 554
BITING ANIMALS
5540 BITING ANIMALS - QUARANTINE ORDERS. Whenever it is
shown that any dog or other animal. Sias bitten any person or. I
animal, or exhibits evidence of rabies, no owner or person
having custody or possession thereof, upon order of the
Animal Control Officer or of the County Health Officer (or
any other person exercising the duties of health officer for
the City), shall fail, refuse, or neglect to quarantine such
animal and keep it tied up or confined for a period of ten
days, or shall fail, refuse, or neglect to allow the la.nin il.
Control Officer or the Health Officer or their deputies to
make an inspection or eS<amination thereof at �Lny Linie during
such period. No such dog or animal shall be removed or
released during' the quarantine period without the written
permission of the Aninin.l Control Officer. or (lie Health
19
Ordinance No. 91.0
Page Five
Officer or their deputies . Unless otherwise specified by
I the Animal Control Officer or the Health Officer, such
animals shall be confined in a pound or shelter or a
veterinary hospital at the owner's expense.
5541. ANIMALS DYING WHILE UNDER QUARANTINE. The head of
an animal dying while under isolation in quarantine shall be
submitted to the laboratory of the County Health Department
for examination for rabies.
5542 KNOWLEDGE OF BITE - DUTY TO REPOPT. Whenever
any person owning or having charge, care, control, custody,
or possession of any animal has knowledge that such animal
has biti.en any per-,on, the person owning or having charge,
care, control, custody, or possession of such animal shall
report said fact forthwith to the Animal Control Officer.
The report: shall state the name and address of the person
bitten, and the tune and place where such person was bitten,
and any other information so requested by the Animal Control
Officer.
5543 BITTEN ANIMALS - WHEN TO BE QUARANTINED. Whenever
any animal shall be bitten by another animal having rabies, or
a bitten animal shows any symptoms of rabies, the owner or
person having possession of the bitten animal shall immediately
notify the Animal Control Officer or the Health Officer, and
1 confine the animal, and keep it confined until it is established
to the satisfaction of the Health Officer that it does not have
rabies. The Health Officer shall have the authority to quarantine
any such animal, or impound it at the owner's expense if the
owner or person having control thereof shall fail to .c o nfine such
animal immediately, or in case the owner or person having pos-
session thereof is not readily accessible.
5544 DISPOSITION OF ANIMALS APPEARING TO HAVE RABIES.
If it shall appear to the Animai Control Officer or to the Health
Officer that any dog or other animal has rabies, he may destroy
such animal forthwith, or hold such animal for further examina-
tion for such time as he may consider advisable.
ARTICLE 555
IMPOUNDING
5550 IMPOUNDING OF ANIMALS. It shall be the duty of the Animal
Control Officer to take up, impound, and safely keep any of the
animals mentioned in this Chapter and found running at large,
staked, tied, or being herded or pastured in any street, lane,
alley, court, square, park, or other place belonging to or under
the control of the City, or upon any private property, contrary
to the provisions of this Chapter or to the. right of the public.
I 5551 NOTIFICATION TO OWNER. The Animal Control Officer shall
immediately upon impoundment of dogs or other animals make
reasonable effort to notify the owners of such clogs or other
animals impounded, and inform such owners of the conditions
whereby they may regain custody of such animals. If the dog
has a valid license, the owner shall be notified, either personally;
or by deposit of appropriate notice in the mails addressed to the
record address with postage prepaid.
5552 DISPOSITION OF UNCLAIMED ANIMALS. All animals impounded
at the City pound shall be provided with proper and sufficient food
and water. Unless unlicensed animals have been claimed within
Ordinance No. 910
Page Six
five days after being impounded, or licensed dogs seven days I
after the notification provided for in Section 5551, they may
be sold by the Animal Control Officer to the person offering
to pay a cash amount set by the Animal Control Officer, pro-
vided that the purchaser shall not be given possession of any
dog until he shall have paid to the Animal Control Officer the
license fee for such dog and until he shall have made appro-
priate arrangements for any necessary rabies vaccination.
If any dog or other animal impounded by the Animal Control
Officer shall not have been claimed within said period and
cannot be sold within a reasonable time thereafter, it may
be destroyed by the Animal Control Officer in a humane
manner. In lieu of destruction, animals may be released
without charge to any humane organization that provides an
animal adoption service. The Animal Control Officer shall
maintain a file describing each animal impounded in the City
pound, beginning on the day any such animal is taken or
delivered into the possession of the pound.
5553 DESTRUCTION OF ANIMALS DANGEROUS TO IMPOUND.
It shall be the duty of the Animal Control Officer, and he
is hereby authorized to forthwith destroy any animal law-
fully impounded which is by reason of disease or other
cause dangerous or inhumane to keep impounded.
5554 RECLAIMING ANIMALS. The owner of any licensed impounded
animal shall have the right to reclaim the same at any time prior
to the lawful disposition thereof, upon payment to the Animal
Control Officer of the costs and charges provided in this Chapter
for the impounding and keeping of such animals. Any person
claiming ownership of any unlicensed impounded animal shall
be required to present proof of ownership satisfactory to the
Animal Control Officer, and thereafter the animal may be
released to said claimant upon his making payment of all
applicable c o sts, fees and charges prescribed in this Chapter,
and upon his making appropriate arrangements for any necessary
rabies vaccination.
5555 OWNER'S RIGHT TO REDEEM ANIMAL FROM PIJRCIIASER.
The owner of any impounded animal rnay, at any time, within
thirty days after sale by the Animal Control Officer, redeem
such animal from the purchaser by paying him the sure of
money computed by adding the following amounts: the pur-
chase price paid to the Animal Control Officer, any license
fee paid and rabies vaccination costs incurred, and in addition
thereto a surn equal to rates established pursuant to Section
5560 for daily care and feeding per day for the number rf days
from the date of sale to and including the date of redemption
by the owner. I
5556 OWNER 'S LIABILITY TO CITY WIZEN REDEEMING A;,fIMAL
FROM PURCHASER. In each case where the owner of an
impounded animal, redeems the same from the purchaser,
irrespective of whether payment was made as prescribed in
Section 5555, such owner shall be liable for payment to i:he
Animal Control Officer of all lees prescribed pursuant to
Section 5560 for impounding and for daily care and feeding of
the animal incurred during the impoundment, deducting
therefrom the sate price paid to the AnimalControl Officer
by the purchaser. -The aniount of the ownec's liability under
C)
Ordinance No. 010
Page Seven
this section shall be deemed a debt to the City of Palm
Springs, and an action may be commenced in the name
of the City in any court of competent jurisdiction for the
I amount of any such debt.
ARTICLE 556
FEES FOR SERVICES AT CITY POUND
5560 FEES PAYABLE IN CONNECTION WITH IMPOUNDED
ANIMALS. Except in cases when disposition of an animal
is made pursuant to Section 5552, the Animal Control
Officer shall charge, receive and collect fees for impound-
ment, care and feeding of impounded animals. The nature
and amounts of such fees shall be as fixed from time to
time by resolution of the City Council.
ARTICLE 557
MISCELLANEOUS PROVISIONS
RELATING TO ANIMALS
5570 FEMALE DOGS TO BE CONFINED DUPING BREEDING
PERIOD. No owner of an unspayed female dog shall fail,
refuse or neglect, during the breeding period of such dog,
to confine the same in such a manner that it does not attract
stray male dogs.
5571 WILD ANIMALS TO BE CONFINED. No person owning any wild
I animal or operating any wild animal establishment, shall fail,
refuse or neglect to keep all wild animals under proper con-
finement on the premises, or cause, permit, suffer or allow
any wild animal to be or run at large, nor shall any such per-
son maintain any wild animal on or within any premises in
such manner as to endanger the life or limb of any person
lawfully entering such premises.
5572 KENNELS SUBJECT TO ZONING AND HEALTH REGULATIONS.
Any person maintaining any kennel or pet shop shall conform to
the zoning regulations of the City which are applicable thereto,
as well as any applicable health regulations.
5573 VICIOUS ANIMALS. Whenever an animal suspected of being
vicious is reported, the Animal Control Officer shall investi-
gate the circumstances, and if he finds that such animal, by
reason of its acts, propensities or disposition, constitutes a
vicious animal as defined in this Chapter, he shall notify the
owner or harborer in writing, stating the facts and circum-
stances. He shall order the owner or harborer to keep such
animal within a substantial enclosure or securely attached to
a chain or other type of control which the Animal Control i
Officer may deem adequate under the circumstances. If such E
restraint is impossible or impracticable, the animal shall 9
be impounded until the owner or harborer is able to comply f
I with the Animai Control Officer's order. For any such
impoundment, the owner or harborer shall be liable to the
City for payment of lees as prescribed pursuant to Section
5560, and any animal not reclaimed within a reasonable time
after such impoundment shall be subject to destruction.
In cases where the animal is not impounded, and written
notification has been given as aforesaid, if the owner or
harborer fails to provide adequate restraint or control
of said animal as ordered by the Animal Control Officer
{
r
f
f
38-
Ordinance No. 910
Page Eight
within a reasonable time, or if he thereafter at any time
fails to maintain such adequate restraint or control, such
owner or harborer shall be guilty of a misdemeanor, and
the animal shall be subject to summary destruction.
5574 RABIES EPIDEMICS--AUTHORITY OF HEALTH OFFICER.
Whenever the County Health Officer (or any other person
exercising the duties of health officer for the City) shall
determine that an epidemic of rabies exists or is threaten-
ed, he shall have the authority to take such measures as
may be reasonably necessary to prevent the spread of
the disease, including the declaration of a quarantine
against any or all animals in any area of the City as he
may determine and define, for a period of not more than
one hundred twenty days. An additional or extended
quarantine period may also be declared if the same shall
be deemed necessary by the Health Officer for the protec-
tion and preservation of the public health, peace and
safety. Any quarantine declared under the provisions
of this section other than as restricted herein, shall be
upon such conditions as the Health Officer may determine
and declare.
5575 POLICE DOGS—INTERFERENCE WITH. No person shall
wilfully or maliciously torture, torment, beat, kick, strike,
mutilate, injure, disable or kill any dog used by the police I
department, or any other law enforcement officer, in the
performance of the functions or duties of such department,
or interfere with or meddle with any such dog while being
used by said department or any member thereof in the per-
formance of any of the functions or duties of said department
or of such officer or member.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full
force and effect thirty days after passage.
SECTION 4. PUBLICATION. 'The City Cleric is hereby ordered
and directed to certify to the passage of this Ordinance and to cause
the same to be published once in THE DESERT SUN, a daily news-
paper of general circulation, printed, published and eirculated in
the City of Palm Springs, California.
Adopted this 13th day of _December 1971.
AYES: Councilmen Foster, McCoubrey, Pitts, Purcell and Mayor Wiefels
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
F. D. ALE, SHIRE I
'
�BxL_
Depefty City Clerk-- Mayorr
8.
APPROVED AS TO FORM CONTENTS APPROVED
.t Atto
Date 11--22-71- _-- Date _-- ---- ----- — -- -- --
I hereby certify that the foregoing Ordinance 910 was duly adopted by the
City Council of the City of Palm Springs in a meeting thereof held on
December 13, 1971, and that same was published in THE DESERT SUN, a
newspaper of general circulation on December 22, 1971.
Dated this 29th day of December, 1971.
F.D. ALESHIRE
City Clerk
Y: JUDITH SUMICH
Deputy City Clerk
I
I
I
I
I
✓l 51 [-
ORDINANCE NO. 911
AN ORRDINANCr OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING CHAPTER 72 OF THE PALM
SPRINGS ORDINANCE CODE BY COMPREHENSIVELY
I REV13ING RE GULATIO:N?S CONCERNING EXCAVATIONS
AND OTHER ENCROACHMENTS IN PUBLIC RIGHTS-OF-WAY.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter, 72 of the Palm Springs Ordinance Code is hereby
repealed,
SECTION 2. New Chapter 72 of the Palm Springs Ordinance Code is
hereby added, to read as follows:
CHAPTER 72
ENCROACHMENTS IN PUBLIC STREETS
ARTICLE 720
GENERAL PROVISIONS AND DEFINITIONS
7200. DEFINITIONS. For the purposes of this Chapter, unless it is
plainly evident from the context that a different meaning is in-
tended, certain terms used herein are defined as follows:
I a. "Director" shall mean the Director of Public Works of
the City of Palm Springs, acting personally or through
his authorized designee.
b. "Encroach" or "Encroachment" shall mean going upon,
over, under, or using any right-of-way in such a manner
as to prevent, obstruct, or interefere with the normal use
of that way, including the performance thereon of any of
the following acts:
(1) Excavating or tunneling within, or otherwise disturb-
ing the right-of-way; (2) erecting or maintaining any
post, sign, pole, fence, guard rail, wall, loading plat-
form, or other structure on or over or under the right-
of-way; (3) planting any tree, shrub, grass or other
growing thing within the right-of-way; (4) placing or leav-
ing on the right-of-way any rubbish, brush, earth or
other material of any nature whatever; (5) constructing,
placing, or maintaining on, over, under, or within the
right-of-way any pathway, sidewalk, driveway, or other
surfacing, any culvert or other surface drainage or sub-
surface drainage facility, any pipe, conduit, or cable;
(6) lighting or building a fire; (7) constructing, placing,
planting or maintaining any structure, embankment, ex-
cavation, tree or other object adjacent to the right-of-way
which causes or will cause an encroachment; (8) travel-
ing on the right-of-way by any vehicle or combination of
vehicles or object, of dimension, weight or other character-
istic, when such traveling is prohibited by law without a
permit, provided that this provision shall not be deemed
applicable to housemoving so long as said subject is
regulated elsewhere in this Code.
C. "Permittee" shall mean any person that proposes to do
work or encroach upon a public highway as herein defined
and has been issued a permit for such encroachment by
the Director.
Ordinance No. 911
Page Two
d. "Public Street" shall mean the full width of the right-of-
way of any road, street, lane or alley used by or for the
general public, whether or not those roads, streets,
lanes and alleys have been accepted as and declared tc
be part of the City system of public streets, except
streets forming a part of the State Highway system.
e. "Right-of-way" shall mean land which by deed, con-
veyance, agreement, easement, dedication, usage
or process of law is reserved for and dedicated to
the use of the general public for street or highway pur-
poses.
7201. RIGHT-OF LAWFUL USE. Any permit granted under this
Chapter shall be subject to the right of the City, or any other
person entitled thereto, to use that part of the public highway
for any purpose for which it maybe lawfully used, and no
part of the highway shall be unduly obstructed at any time.
7202. EXCEPTIONS TO CHAPTER. This Chapter shall not apply
to any officer or employee of the City in the discharge of
his official duties, or to any work being performed by any
person or persons under contract with the City.
•7203. ACTS REQUIRING PERMIT. No person shall encroach or
cause to be made any encroachment of any nature whatever
within, upon, over or under the limits of any right--of-way,
or make or cause to be made any alteration of any nature
within, upon, over, or under the limits of any right-of-way,
or make or cause to be made any alteration of any nature
within, upon, over, or under such right-of-way, or construct,
put upon, maintain or leave thereon, or cause to be constructed,
put on, .maintained or left thereon, any obstruction or impedio
ment of any nature whatever, or remove, cut or trim trees
thereon, or set a fire thereon, or to place on, over or under
such right-of-way any pipe line, conduit or other fixtures, or
move over or cause to be moved over the surface of any
right-of--way or over any bridge, viaduct, or other structure
maintained by the City any vehicle or combination of vehicles
or other object of dimension or weight prohibited by law or
having other characteristics capable of damaging the right-
of-way, or place any structure, wall, culvert, or similar
encroachment, or make any excavation or embankment in
such a way as to endanger the normal usage of the right-of-
way without having first obtained a permit as required by
this Chapter.
7204. NONACCEPTABLE PERMIT APPLICATIONS. No application
will be approved nor permit issued for constructing or main-
taining a loading platform upon or in the right -of-way of a
public street or for erecting or maintaining therein or thereon I
a post, pole, column or structure for, support for advertising
signs.
7205, EMERGENCY WORK :UTHORIZED. This Chapter shall not
prevent any public utility from maintaining any pipe or conduit
lawfully on or under any public street, or from making excava-
tion, as may be necessary for the preservation of life or pro-
perty when an urgent necessity therefor arises during 03(e
hours the offices of the City are closed, except that the: person
making a.0 emergency use or encroachment on a public street
shall apply for a Perin;( ihnrefor within One calendar elsiy after
the offices of the City arc again opened.
1
n387
Ordinance No. 91.1
Page Three
ARTICLE 721
PERMITS .AND FEES.
I 7210. DIRECTOR TO ISSUE PERMITS. The written permits re-
quired by this Chapter shall be issued by the Director sub-
ject to conditions set forth in this Chapter or required by
other provisions of law,
7211, APPLICATION FOR PERMITS, The Director shall pres-
cribe and provide a regular form of application for the use
of any applicant for a permit required by this Chapter. The
application form shall contain space for the name, address
and principal place of business of the applicant, together
with such detail as in the judgment of the Director is neces-
sary to -stPJ-,lish the c-act Inca+ion, dimensions, duration,
and purpose of the proposed use or encroachment.
'7212. EXHIBITS TO ACCOMPANY APPLICATION FOR PERMIT.
The applicant shall enclose with, attach or add to the applica-
tion for a permit a rriap, plat, sketch, diagram or similar
exhibit on which shall be plainly shown any and all informa-
tion necessary to locate, delineate, illustrate, or identify
the proposed use or encroachment and the right of applicant
to so use or encroach thereon.
7213. CONSENT OF OTHER PUBLIC AGENCIES TO BE FILED WITH
APPLICATION FOR PERMIT. The applicant shall also en-
close with, attach or add to the application for a permit the
written order or consent to any work thereunder, required by
law, of the public utilities commission, sanitary district,
water districts, or any other public body having jurisdiction.
A permit shall not be issued until and unless such order or
consent is first obtained and evidence thereof filed with the
Director. The permittee shall keep himself adequately in-
formed of all state and federal laws and local ordinances and
regulations which in any manner affect the permit. The appli-
cant shall at all times comply with and shall cause all his
agents and employees to comply with all such laws, ordinances,
regulations, decisions, court and similar authoritative orders.
7214. LIABILITY FOR DAMAGES BY PERMITTEE, The permittee
shall be responsible for all liability imposed by law for per-
sonal injury or property damage proximately caused by work
permitted and done by permittee under the permit, or proxi-
mately caused by failure on permittee's part to perform his
obligations under such permit in respect to maintenance. If
any claim of such liability is made against the City, its officers,
or employees, permittee shall defend, indemnify and hold them,
and each of them, harmless from such claim insofar as per-
mitted by law.
I 7215, FEES FOR PERMIT. The schedule of fees will be those
recommended by the Director and established and adopted
by the City Council from time to time by resolution. Before
a permit is issued the applicant shall deposit with the City
cash or check, in a sufficient sum to cover the fee for issu-
ance of the permit, charges for field investigation, and the
fee for necessary inspection, all in accordance with schedule
established and adopted by the City Council.
Public utilities may, at the Director's option, make payment
for the above charges as billed by the City instead of advance
deposit as required above.
I
6
f
38'8
Ordinance No. 911
Page Four
Fees will not be required of any public agency which is I
authorized by law to establish or maintain any works or
facilities in, under, or over any public street or right-
of-way,
7216. PERMIT TO MOVE CERTAIN VEHICLES OR OBJECT. Be-
fore a vehicle or combination of vehicles or object of weight
or dimension or characteristic, prohibited by law without a
permit, is moved on any public right-of-way, a permit to
do so must first be granted by the Director as set forth in
specifications established by the Director or as otherwise
required by him. This section shall not be deemed applic-
able to housemoving so long as such subject is regulated
elsewhere in this Code.
7217, TERM OF PERMIT--BEGINNING OF WORK. The permittee
shall begin the work or use authorized by a permit issued
pursuant to this Chapter within ninety days from date of
issuance, unless a different period is stated in the permit.
If the work or use isnot begun within ninety days, or within
the time stated in the permit, then the permit shall become
void. A permit for continuing a use or maintaining an en-
croachment previously authorized except when issued to a
public agency or a public utility holding a franchise from the
City, shall be valid for a term of one year from date of issu-
ance, unless sooner terminated by discontinuance of the use,
or removal of the encroachment, for which the permit was
issued,
7217. 1 SAME--COMPLETION OF WORK. The permittee shall com-
plete the work or use authorized by a permit issued pursuant
to this Chapter within the time specified in the permit, If at
any time the Director finds that the delay in the prosecution
of completion of the work or use authorized is due to lack of
diligence on the part of the permittee, he may cancel the
permit and restore the right-of-way to its former condition.
The permittee shall reimburse the City for all expenses in-
curred by the City in restoring the right-of-way.
7218. DISPLAY OF PERMIT. The permittee shall keep any permit
issued pursuant to this Chapter at the site of work, or in the
cab of a vehicle when movement thereof on a public street is
involved, and the permit must be shown to the Director or any,
law enforcement officer on demand..
A permit issued for continued use or maintenance of an en-
croachment may be kept at the place of business of the per-
mittee or otherwise safeguarded during the term of validity,
but shall be made available to the Director or any law enforce-
ment officer within a reasonable time after demand therefor I
is made.
7219, CI'IANGE IN PERMIT. No changes may be made in the loca-
tion, dimension, character or duration of the encroachment
or use as granted by the permit except upon wrLtien authoriza-
tion of the Director.
ARTICLE 722
BONDS OR CASH DEPOSITS
'7220, CASIT DEPOSITS Olt BOP�DS; AMOUNT; PURPOSE. If.
e:A•!1
Ordinance No, 911
Page Five
required by the Director, and before a permit is effective.,
the pee inittee shall depose; with the Director, or agent au-
thorized by resolution of the City Council, a cash deposit
I or an approved surety boric], in the sure to be fixed by the
Director as sufficient to re'_mburse the City for costs of
restoring the iight-of-way to its former condition, Leased
on the schedules, if any, adopted by resolution of the City
Council.
7221. ANNUAL BOND. In lieu of repeated individual bonds which
may be requi-red pursuant to Section 7220, the permittee
may, upon approval by the Director, arinuall_y file with the
Director- a cash deposit o_ an approved surety bond issued
by a company authorized to do a general surety business
in the State of California, in a. surn fixed by the Dircctor as
sufficir-nt *n re'- it„3r,e. i.hr,- C_.44'y for o::pensee to be incurred in
restoring the right-of--way to its former condition, subject to
The schedules, if any, adopted by resolution of the City Council.
7222. BOND FOR CONTINUING USE. An appl'.cation for a permit
for a use or encroachment which is to continue or remain
within, under, or upon the right-of-way of a public highway
beyond the time authorized for actual construction or installa-
tion, shall be accompanied by a cash bond, or approved surety
bond issued by a company authorized to do a general surety
business in the State of California in a penal sum to be fixed
by the Director as sufficient to reimburse the City for all
I expenses which are or might be incurred by the City in making
the right-of-way safe and convenient for the travel of the
general public, subject to the schedules, if any, adopted by
resolution of the City Council and in effect at the time of ap-
plication for a permit.
7223, ADDI;"IONAL BOND OR CASH DEPOSIT. The Director may
require an additional bond or cash deposit at any time when in
his opinion the amount of the bond or cash deposit previously
made is insufficient, subject to the schedules, if any, adopted
for that purpose by the City Council.
7224. CONDITION OF BOND OR CASH DEPOSIT. The condition of
any bond or cash deposit made pursuant to this Article shall be
that the permittee will diligently and in good faith comply with
this Chapter and the terms and conditions of the permit.
7225. BOND PAYABLE TO CITY; RELEASE OF BOND OR CASH
DEPOSIT. Any bond or cash deposit required pursuant to this
Chapter shall be payable to the City. Upon satisfactory comple-
tion of all work authorized in the permit, and fulfillment of all
conditions of the permit, the 'bond or cash deposit shall be
released.
7226. EXEMPTION FROM REQUIRED BOND OR CASH DEPOSIT.
I Cash deposits or bonds will noi, be required of any public
utility or public agency which is authorized by law to establish
or maintain any works or facilities in, under, or over any public
street or right-of-way.
ARTICLE '723
REGULATIONS GOVERNING ENCROACHMENTS,
EXCAVATIONS AND USE
7230. ERECTION AND MAINTENANCE OF SAFETY PROVISIONS.
The permittee in the conduct of the work, use, or maintenance
()o
Ordinance No. 911
Page Six
of an encroachment authorized by a permit issued pursuant to
this Chapter shall provide, erect, andior maintain such lights,
barriers, warning signs, patrols, watchmen, and other safe- I
guards as are necessary to protect the traveling public. Any
omission on the part of the Director to specify in the permit
what lights, barriers, or other protective measures or devices
are required, shall not excuse the permittee from complying
with all requirements of law and appropriate regulations and
ordinances for adequately protecting the safety of those using
public. streets, If, at any time, the Director finds that suit-
able safeguards are not being provided, the City may provide,
erect, maintain, relocate or remove such safeguards as are
deemed necessary or may cancel the permit and restore the
right-of-way to its former condition, all at the expense of the
permittee,
A permittee making any excavation or erecting or leaving any
obstruction within, under, or upon the right-of-way, or causing
the same to be made, erected, or left, shall place and maintain
lights at each end of the excavation or obstruction, at not more
than fifty foot intervals along the excavation or obstruction,
from one-half hour before sunset of each day to one-half hour
after sunrise of the next day, until the excavation is entirely
refilled or the obstruction removed and the right-of-way made
safe for use, In addition, reflectorized warning signs conform-
ing to the .requirements of the California Division of Highways
shall be placed two hundred feet and four hundred feet from each I
excavation or obstruction, in such a position as to adequately
warn public traffic.
The warning signs, lights and other safety devices shall conform
to the requirements of Section 2.1400 of the Vehicie Code and of
any sign manual issued by the Department of Public Works of the
State of California.
7231. NOTIFICATION OF BEGINNING OF WORK, Before beginning
any work which is or includes excavation, construction of con-
crete sidewalks, curbs, gutters or driveway approaches, plant-
ing, trimming or removing trees, malting, placing or causing
an obstruction in the traveled way, the permittee shall notify
the Director at least twenty-four hours prior to beginning such
work.
7231, 1 NOTIFICATION OF COMPLETION OF WORK. The permittee
shall, upon completion of all work authorized in the permit,
notify the Director. No work shall be deemed to be completed
until such notification of completion is given and the work is
accepted by the Director.
7231. 2 CARE OF DRAINAGE. If the work, use or encroachment authoriz -
ed in the permit issued pursuant to this Chapter shall interfere I
with the established drainage, the permittee shall provide for
proper drainage as directed by the Director.
7231, 3 INTERFERENCE WITH TRAVEL OF GENERAL pUBLIC, All
work or use shall be planned and executed in a manner that will
least interfere with the safe and convenient travel of the general
public at the place where the work or use is auihurizecl; and at
no time shall a public street be closed, or [lie use thereof deni(ad
the general public, or shall access to adjacent private prnperLy
be cut off, without the ;)rior peruiissi.on of the Directu ,
Ordinance No. 911
Page Seven
7232, RESTORING OF STREET AND MAINTENANCE OF ENCROACH-
MENT, Upon completion of the work, acts or things for which
the permit was issued, or when required by the I Director, the permittee shall replace, repair or restore the public street at the
place of work to the same condition existing prior thereto unless
otherwise provided in the permit. The permittee shall remove
all obstructions, impediments, material or rubbish caused or
placed upon the right-'of-way of the public street under the per-
mit, and shall do any other work or perforrn any act necessary
to restore the public street to a safe and usable condition.
After completion of all work, the permittee shall exercise reason-
able care in inspecting and maintaining the area affected by the
encroachment. For a period of one year after the completion of
the wol:k thc' perma:uC .;hall repair and LIF21Ce good any injury of
damage to any portion of the street which occurs as the result
of work done under the permit, including any and all injury or
damage to the street which would not have occurred had such
work not been done. By the acceptance of the permit the per-
mittee agrees to comply with the above. The permittee shall,
upon notice from the Director immediately repair any injury,
damage or nuisance, in any portion of the right-of-way, result-
ing from the work done under the permit. . In the event that the
permittee fails to act promptly or should the exigencies of the
injury or damage require repairs or replacement to be made
before the permittee can be notified or can respond to notifica-
tion, the City may, at its option, make the necessary repairs
I or replacement or perform the necessary work and the permittee
shall be charged with all the expenses incurred in the performance
of such work.
7232, 1 RELOCATION OR REMOVAL OF ENCROACHMENTS. If any
future construction, reconstruction or maintenance work by the
City on a public right-of-way requires the 'relocation, removal
or abandonment of installations or encroachments in, on or under
the public right-of-'way, the permittee or other person or entity
owning, controlling, or maintaining such installations or encroach-
ments shall relocate, remove or abandon the same at his sole
expense subject, however, to any applicable prior rights or ex-
press statute to the contrary, and provided further that this proms
vision shall apply to and remain in force and effect only so long
as the right-of-'way upon which such installations or structures
are located shall be used for usual street purposes, and not as a
freeway, and this provision shall cease to apply when such street
shall become a freeway. When removal, relocation or abandonment
is required, the Director shall give such permittee or other person
or entity a written demand specifying the place ol.relocation , or
that the installations or encroachment must be removed, relocated
or abandoned. If such permittee or other person or entity fails to
comply with such instructions, the City may cause the removal,
relocation or abandonment of the encroachment at the expense of
I such permittee or other person or entity.
7233, STANDARDS, SUPERVISION AND INSPECTION. All work done
under a permit issued pursuant to this Chapter shall conform to
specifications established by either the City Council or the Director,
or in the absence of established specifications, to recognized
standards of construction and approved practices in connection
with the work to be done. All work shall be done subject to the
supervision of, and to the satisfaction of the Director.
1rr Q{
139 r
Ordinance No. 911
Page Eight
7234, STORAGE OF MATERIAL. Unless otherwise approved by
the Director, no material shall be stored by a permittee
within five feet of a public street, and/or excess earth
materials from trenching or other operations shall be
moved from the pavement, traveled way, or shoulder as
the trench is back-filled or other work carried .forward.
7234. 1 MINIMUM COVER OVER PIPES AND,CONDUITS. The
minimum cover over any and all pipes or conduits larger
than two and a half inches installed within the right-of-way
shall be thirty inches of earth or imported materials, un-
less otherwise specified in the permit. Within the traveled
way, the minimum cover of three feet shall be measured from
the surface, existing or planned. The Director is authorized
to permit installation of pipes or conduits where three feet
of cover cannot be provided because of tomography, structures,
or other engineering necessity.
7234. 2 .ABANDONMENT OF PIPES. CONDUITS AND APPURTE-
NANCES. Whenever any pipe, conduit, duct, tunnel, or
other equipment or structure located under the surface of
any public street, thoroughfare or other public place, or
the use thereof, is abandoned, the person or entity owning,
using, controlling or having an interest in same, shall,
within thirty days after such abandonment, file in the office
of the Director a map giving in detail the location of the pipe,
conduit, duct, tunnel or other equipment or structure so
abandoned. Upon written demand by the City, the abandoned I
equipment shall be removed by such person or entity which.
abandoned the facility, and at no cost to the City.
7234. 3 TRENCHING REGULATIONS
a. TRENCH LENGTH LIMIT. No trench shall be opened
in any street or thoroughfare for the purpose of laying .
pipes or conduits more than six hundred feet in advance
of pipe or conduit placed therein, except in cases of
emergency or by written consent of the Director.
b. FILING OF EXCAVATED MATERIAL. All excavated
material shall be piled along the trench leaving clear
the area at least one foot on each side thereof.
c. SEGREGATION OF SURFACE AiATERIAL, SUBSOIL.
The surface material shall be piled on one side of the
trench and the subsoil on the other side of the trench.
d, DRIVE:tivAYS AT INTERSECTI0D7S. When a crossing
street intersects with an excavation, a. d"riveway for
vehicles shall at all times be maintained, unless a
detour plan is approved in advance by the Director.
e. PRIVATE DRIVEWAYS. All private driveways shall
be kept open to the maximum extent feasible.
7234. 4 BACK-FILLING OF EXCAVATIONS. Back-filling of an
excavation shall be in accordance jvith plans and specifica-
tions established by .resolution of the City Council. Back-
fill shall not be placed in any excavation -without compaction
of the material used therein, in accordance with said specifica-
tions.
Ordinance No. 911
Page Nine
7234 5 POLES AND TltANSIVIISSION LINE CARP,IERS. Clear-
ances and types in the canstr0ct11)n of poles and transmis-
sion line carriers shall be in accordance with rules, regu-
lations, and orders of the Public Utilities Commission and
I other public agencies having jurisdiction.
No guy wires shall be attached to trees without specific
authorization to do so in the permit, and in no event shall
guy wires be so attached as to girdle the tree or interfere
with its growth. Guy wires Shall not be belo-,v the minimum
elevation above the ground, prescribed in file rifles, orders,
and regulations of the Public Utilities Commission.
When a pole, brace, stub, or similar timber is removed and
not replaced, the entire length thereof, shall be removed from
the ground and the hole backfilled and compacted.
7234. 6 AIDS TO VISIBILITY. When the location or position of a. pole
or other obstruction makes accentuation of its visibility to
vehicular traffic necessary, the Director may require that
the pole or other obstruction be painted, or equipped with
reflectors or other aids to visibility prescribed or authorized
by the Public Utilities Commission or the Department of
Public Works of the State of California, at the expense of
the permittee.
7235. MOVEMENT OF VEHICLES. When authorized by a permit
issued pursuant to this Chapter to move a vehicle or com-
bination of vehicles or load of dimension or weight in excess
I of that permitted by law, the permittee shall comply with
the general law regulating travel over a public street, in-
cluding posted signs or notices which limit speed or direction
of travel, or weight which may be placed upon a structure
or the width or height that may be moved thereon or thereover,
or otherwise restricting or controlling travel on a public
street. The permittee shall at all times conform to and
abide by the practice and procedure necessary to make safe
and convenient the travel of the general public, and to keep
safe and preserve the public highway over and on which
movement is being made. Any violation of this section shall
cancel the permit issued to the permittee.. (This section
shall not be deemed to apply to housemoving so long as such
subject is regulated elsewhere in this Code.)
7236. MAILBOXES IN RIGHTS-OF-WAY, No permit pursuant to
this Chapter need be obtained for the placing and maintain-
ing of a mailbox within a public right-of-way so long as such
mailbox and its placement comply with the rules and regula-
tions of the United States Post Office Department, and also
the following regulations:
a. Mailboxes and containers for the collection and storage
of mail shall be so placed or maintained as to not en-
danger the life or safety of the traveling public or inhibit
I the flow of vehicular traffic, irrespective of when such
situation stould first come into existence.
b. No box for delivery of mail shall be placed or maintained
over or within any sidewalk.
7237. HEDGES OR FENCES--PERMIT; LIMITATION ON LOCATION.
No hedge, fence or similar structure, except as provided in
Section 7237. 2, shall be planted, erected or maintained in a
right-of-way without a permit.
Ordinance No. 911
Page Ten
No hedge, shrub, or other planting whatever, fence or
similar structure, shall be maintained across any exist-
ing walkway in a sidewalk area or shoulder. The intent I
of this restriction is to keep free a walkway for pedestrian
or other lawful public travel without interference by or
with vehicular travel. No encroachment of any nature
shall be permitted or maintained which impedes, obstructs,
or denies such pedestrian or other lawful travel within the
limits of the right-of-way of a public street or which im-
pairs adequate sight distance for safe pedestrian or vehicu-
lar traffic,
7237. 1 SAME---MAINTENANCE OF HEDGES, PLANTINGS AND
FENCES. The permittee, or the owner of the adjacent
property, shall maintain the hedges, shrubs, walls, fences
or similar structures erected for landscaping purposes in
a neat and orderly condition at all times. If the encroach-
ment is not maintained as specified in this Chapter, the
Director may order the permittee or property owner to
remove the encroachment and restore the right-of-way to
its former condition, at the expense of the permittee or
property owner. In addition, any such unlawful condition
is hereby declared to be a public nuisance and subject to
abatement pursuant to Chapter 56 of this Code or other
applicable provisions of law,
7237. 2 NO PERMIT REQUIRED FOR LAWNS: RESTRICTIONS,
Notwithstanding anything contained herein to the contrary,
any person may plant and maintain a lawn of any grass, or
type not prohibited by other law, within the right-of-way
of a public street without a permit. I-[owever, the lawn shall
not extend into the traveled way of the public street nor into
drainage ditches, gutters or other drainage facilities. The
general public may not be denied the use of the planted area
for pedestrian or other lawful travel. The City may use the
planted area for any purpose whatever, and may issue a
permit to any applicant to go thereon to perform work or
otherwise encroach pursuant to this Chapter. If the lawn
is damaged or disturbed in the course of an authorized
encroachment, it shall be removed and replaced by the
permittee unless the permit specifically states otherwise.
7238. ItQARKING OF STREETS, CURBS AND SIIi_I�WALKS _PJi0-
HIBITED WITHOUT PERMIT. No person,. without first
having obtained a permit, shall solicit on a commercial
or donation basis, to place, or shall place, or maintain,
any number, figure, letter, carving, drawing, design, or
other marking upon any street, sidewalk, or curb; except
that markings for the purpose of identifying survey, utility
or construction locations shall not be subject to this section.
7238. 1 MONUMENTS, No person shall remove or distux•b or I
cause to be removed or disturbed, any monument of 1J
granite, concrete, iron or other lasting material set for
the purpose of locating or preserving the lines and f oe
elevation of any public street or right-of-way, property
subdivision, or a precise survey point or reference point,
without first obtaining permission from the Director to do
so. Replacement of removed or disturbed monument shall
be at the expense of the permittee.
7239, FRANCHISES.
a. Every person having a franchise, special. permit,
?J
Ordinance No. 911
Page Eleven
license or other effective permission to erect,
construct, place and maintain utilities or other
facilities or equipment within public streets or
;rights-of-wav of the City, shall not by reason of
I such permission be deemed to be relieved from
the requirements and provisions of this Chapter.
b. Any proposal or application by any person not
already having a franchise or other effective per-
mission, to place utilities facilities or equipment
within public streets or rights-of-way of the City,
shall be submitted to the City Manager prior to the
granting of any encroachment permits pursuant to
this Chapter. The City Manager shall report to the
City Council the fart of such proposal. or application
and any pertinent information, regarding the granting
of a franrhise, license or sper�ial permit, for the pro-
posed use of the streets or other privilege. If the
City Council determines to require a franchise,
license or special. permit as a condition to the use of
the streets or other privilege to be granted by the
City, the provisions of Sections 6000 et seq. , or
Sections 6201 et seq. of. the Public Utilities Code of
the State of California or any other applicable pro-
visions of,law shall pertain to such franchise, license
or permit. If the City Council determines that a fran-
chise, license or special permit is not necessary to
provide for the best interests of the City, or that a
I requirement for such a franchise, license or special
permit is precluded by applicable law, the matter shall
be referred back to the Department of Public Works
for the granting of encroachment permits pursuant to
this Chapter. No provision of this subsection shall be
deemed to relieve an applicant, whether -or not a fran-
chise or other privilege is granted, from obtaining any
necessary conditional use permit pursuant to the City's
Zoning Ordinance, or from complying with any other
applicable regulations and laws.
ARTICLE 724
MAPS
7240. MAPS SHOWING PIPES AND CONDUITS. Every public ser-
vice corporation and corporation providing cable television
service, maintaining pipes, conduits or other equipment
in the streets of the City shall file with the Director during
the month of January of each year, maps indicating the size
and location of each pipe or conduit owned and maintained by
such corporation in the streets of the City.
7241. REVISION OF MAPS_ After said corporation has in the first
instance filed such map, it may thereafter in lieu of filing a
I new map each year revise the map on file so as to show changes
and extensions.
7242. MAPS SHOWING ABANDONED EQUIPMENT. Each map or
set of maps filed pursuant to the provisions of this Article
shall show in detail the location of all such pipes, conduits,
ducts, tunnels or other equipment or structures abandoned
by such corporation subsequent to the filing of the last pre-
ceding map or set of maps.
Ordinance No. 911
Page Twelve
ARTICLE 725
A PPEA LS
7250, RIGHT OF APPEAL. Any person aggrieved by the
action of any administrative official of the City act-
ing under this Chapter may appeal such decision to
the City Council.
7251, METHOD OF FILING APPEAL. Such aggrieved per-
son as provided in the preceding section shall file
notice of appeal in writing with the City Clerk within
seven days after final action of the administrative
official whose action is being appealed.
7252. ACTION OF CITY COUNCIL. The City Council may
affirm, modify or reverse the action of the administrative
official from whom the appeal is taken,
SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force
and effect thirty (30) days after passage.
SECTION 4. PUBLICATION. The City Clerk is hereby ordered and
directed to certify to the passage of this Ordinance and to cause the same
to be published once in THE DESERT SUN, a daily newspaper of general
circulation, printed, published and circulated in the City of Palm Springs,
California, — I
ADOPTED THIS 13thday of December , 1971
AYES: Councilmen Foster, Mccoubrey, Pitts, Purcell and Mayor Wi.efels
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
F. D. ALESHIRE
City Clerk
De�}� ty City Clerk Mayor
APPROVED AS TO FORM: CONTENTS APPROVED:
�Cxt�r < ttorney
Date 11-22-71 Date
—,----
I herebycertify that the foregoing Ordinance 911 was duly adopted by the I
Y g g P
City Council of the City of Palm Springs in a meeting thereof held on
December 13, 1971, and that same was published in THE DESERT SUN, a
newspaper of general circulation on December 22, 1971.
Dated this '29th day of December, 1971.
F.D. ALESHIRE
City Clerk
BY: JUDITII SUMICH
llonnty rit-v rlurk
•ti :r:
ORDINANCE NO. 912
,AN ORDINANCE OF THE. CITY OF PALM SPRINGS,
CALIFORNIA, REPEALING CrAPI'ER 82 OF THE
PALM SPRINGS ORDINAiNCE CODE, AND ENACTING
A NEW CHAPTER, 77 OF SAID CODE CONCERNING
' REGULATIONS IN REFERENCE TO PUBLIC SEWERS.
TIIP: CITY COUNCIL OF THE CITY OF :PALM SPRINGS, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION J.. Chapter 82 of the Palm Springs Ordinance Code is hereby
repealed.
SECTION 2. New Chapter 77 of the Palm Springs Ordinance Code is
hereby added, to read as follows,:
CHAPTER, 77
PUBLIC SEWERS
ARTICLE 770
PURPOSE
7700. PURPOSE. A purpose of this Chapter is to establish regu-
lations and procedures pertaining to the proper use and con-
trol of public sewers and the quality of industrial wastes and
sewage discharged to the public sewers in the City of Palm
1 Springs. Proper collection and treatment of sewage is of
vitai concern to the health and welfare of residents and
visitors to Palm Springs. Control of sewage and industrial
waste discharged to public sewers is imperative so that
treatment facilities can produce a product that will minimize
adverse effects on ground water supplies and meet the require-
meats of water duality control and public health agencies.
This Chapter shall be administered in conjunction with the
City's plumbing code and regulations, any standard specifica-
tions for public works prescribed for use in the City; and
any standard plans for public works construction prescribed
for use in the City. In the event of conflict between the
provisions of any of the foregoing and the provisions of this
Chapter, the provisions of this Chapter shall prevail.
ARTICLE 771
DEFINITIONS
7710. DEFINITIONS. For the purposes of this Chapter, unless it
is plainly evident from the context that a different. meaning
is intended, certain terms used herein are defined as follows:
7710. 1 "B. O. D. " (denoting Biochemical Oxygen Demand) means the
I quantity of oxygen utilized in the biochemical oxidation of
organic matter under standard laboratory procedure in 5
days at 20 degrees C. , expressed in parts per million by
weight.
7710. 2 "INDUSTRIAL WASTES" means the liquid wastes from
industrial processes, as distinct from sanitary sewage.
7710. 3 "NATURAL OUTLET" means any outlet into a watercourse,
pond, ditch, lake or other body of surface or ground water.
. � i. 393
Ordinance No. 912
Page Two
7710, 4 "PH" means the logarithm of the reciprocal of the weight of
hydrogen ions in grains per liter of solution.
7710, 5 "PUBLIC SEWER'S means a sewer main which is controlled
by public authority.
7710. 6 "SEWER LATERAL" means the portion of the building sewer
between the sewer main and the property or easement line,
7710. 7 "SEWAGE" means a combination of the water-carried wastes
from residences, business buildings, institutions, and indus-
trial establishments, together with such ground, surface, and
storm waters as may be present.
7710. 8 "WASTE TREATMENT PLANT" means any arrangement of
devices and structures used for treating sewage.
7710, 9 "SEWAGE WORKS" means all facilities for collecting, pump-
ing, treating and disposing of sewage.
7710. 10 "SEWER" means' a pipe or conduit for carrying sewage.
7710, 11 "SUSPENDED SOLIDS" means solids that either float on
the surface of, or are in suspension in water, sewage or
other liquids.
7710, 12 "`vUATE-Ex C0URSE" means a channel in which a flow of water I
occurs, either continuously or intermittently.
ARTICLE 772
USE OF SEWERS REQUIRED
7721, DUMPING OF OBJECTIONABLE WASTE. No person shall
place, deposit or permit to be deposited upon public ox' pri-
vate property within this City, or in any area under the juris-
diction of this City, any human or anixzial excrement, garbage
or other objectionable waste, in a manner that would be a
danger to the public health or welfare.
7722. DISCHARGE OF POLLUTED WATERS. No person shall dis-
charge to any natural outlet, within this City, or in any area
under the jurisdiction of 1hi.s City, any sanitary sewage,
industrial wastes, or other polluted waters, except where
suitable treatment has been provided in accordance with
subsequent provisions of this Chapter,
ARTICLE 773
CONSTRUCTION PERMITS
7731. CONSTRUCTIC1`1 PERMITS, No person shall construct b,:,i1d- I
ing sewers or public sewers in any street ri.gm-of-wav with-
out first securing a permit in accordancu with Chanter 72
of this Code relating to excavations in public streets and places .
ARTICLE 774
DUMPING SEWAGE INTO CITY SYS'17EM
7 74 1. APPLICATION FOR PE EMIT: FEE. No person shall diirnp
sewage into the City's sewerage systern urileSs a permil,
therefor has been-applied for and issit€;d by the building
Ordinance No. 912
Page Three
Official. Na permit therefor shall be issued unless the
application for such permit is accompanied by a fee, the
amount of which shall be fixed from time to time by reso-
lution of the City Council,
1 ARTICLE 775
CONNECTION OF BUILDING SEWER
TO PUBLIC SEWER
7751, PERMIT REQUIRED. No person shall uncover, make
any connection with or opening into, use, alter or disturb
any public sewer or appurtenance thereof without first
obtaining a written permit from the Director of Public
Works , or his authorized representative,
'7751. 1. NOTICE OF READINESS FOR INSPECTION, CONNECTION.
The holder of a building sewer permit shall notify the build-
ing official when the building sewer is ready for inspection
and connection to the public sewer.
7751, 2 SUPERVISION OF CONNECTION. The connection to the
public sewer shall be made under the supervision of the
Director of Public Works, or his authorized representative.
7752. INDEMNIFICATION OF CITY. The permittee and the owner
shall indemnify the City and hold it harmless from any loss
or damage that may be directly or indirectly occasioned by
the installation of the building sewer and from any liability
in connection therewith.
I 7753. REGULATIONS GOVERNING CONNECTIONS. No permit-
tee or other person shall make any connection of a building
sewer to a public sewer except in compliance with the follow-
ing regulations:
7753. 1 "Y" BRANCH, The connection of the building sewer into the
public sewer shall be made at the "Y" branch, if such branch
is available at a suitable location.
7753. 2 SADDLE CONNECTIONS. Where no "Y" is available at a
suitable location, the sewer connection may be made with
either a standard "Y" saddle constructed with lugs to pre-
vent protrusion through the public sewer or a standard re-
placement "Y" joint with the proper mechanical joint connec-
tors.
7753. 3 ELEVATION OF THE INVERT AT CONNECTION. The invert
of the building sewer at the point of connection shall be above
the springline of the public sewer,
7753. 4 DIRECTION OF THE CONNECTION. The building sewer
connection shall enter the public sewer at an angle of about
45' to the direction of flow of sewage in the public sewer.
I 7753, 5 METHOD OF CONNECTION CONSTRUCTION. Where the
saddle connection is made using a standard saddle with pro-
truding lugs, the hole in the public sewer shall be made no
larger than necessary to accept the saddle connector. The
joint area shall be wrapped with no fewer than 6 strands of
No. 10 galvanized wire encircling both the public sewer and
protruding saddle lugs. The joint area will then be encased
with Class "B" concrete 4" thick and 18" in length entirely
around t?re pipe at the location of the saddle.
00)
Ordinance No. 912
Page Four
7753. 6 SPECIAL FITTINGS APPROVAL. Special fittings may be
used for the connection only when approved by the Director
of Public Works or his authorized representative,
ARTICLE 776
MAINTENANCE OF SEWERS
7761. PUBLIC SEWERS. All public sewers shall be maintained
by the City of Palm Springs.
7762. BUILDING SEWERS. Building sewers, including sewer
laterals, shall be maintained by the owners of properties
being served by the building sewers.
ARTICLE 777
SEWER FEES
7771, SEWER CONNECTION CHARGES. Sewer connection charges
shall be in the amount established from time to time, by
resolution of the City Council,
7772. SEWER SERVICE. CHARGES. Sewer service charges shall
be in the amount established from time to time, by resolu-
tion of the City Council,
7773, EXTENDED SERVICE: SEWER SERVICE CHARGES.
Sewer service may be extended to properties outside and
adjacent to the City limits of the City of Palm Springs, I
provided that sewer service charges for such service shall
be established by resolution of the City Council.
7774, CONSTRUCTION INSPECTION FEES. Fees for inspection
of public sewer construction and connection of the building
,sewer to the public sewer shall be in amounts as established
from time to time by resolution of the City Council,
ARTICLE 778
SEWER USE REGULATION
'7781, IMPROPER EFFLUENTS FOR SANITARY SEWERS. No
person shall- discharge or cause to be discharged any storm
water, surface water, ground water, roof runoff, su'usur-
faco drainage, cooling water, or unpolluted industrial
process waters to any sanitary sewer,
7781. 1 UN7POLLUTED DRAINAGE. Storm water and all other
unpolluted drainage shall be discharged to such sk'Wers
as are specificallr designated as storm sewers, or to
an approved natural outlet.
778I .2 UNPOLLUTED T_NDUSTRLAL WATER. Industrial cooling
water or unpolluted process waters m.a.y 'oe di.scliarged, I
upon approval of the Director of Public Work&, to a storm
sewer or natural outlet.
7782. PROHIBITED WASTES. Except as hereinafter provided,
no person shall discharge or cause to be discharged any of
the following described waters or, wasi.es to any public
se,v..,er:
7782 . 1 HOT FLUIDS. Any liquid or vapor 'having a tomperaturc
higher than 150`' F.
d 401
Ordinance No. 912
Page Five
7782. 2 OIL. Any water or waste which may contain more than
100 parts per million, by weight, of fat, oil or grease,
7782. 3 FLA)t MABLES, EXPLOSIVES. Any gasoline, benzine,
naphtha, fuel oil or other flammable: or explosive liquid,
solid or gas.
7782. 4 SOLIDS: VISCOUS SUBSTANCES. Any ashes, cinders,
sand and straw, shavings, metal, glass, feathers, tar,
plastics, wood,paunch manure, or any other solid or
viscous substance capable of causing obstruction to the
flow in sewers or other interference with the proper
operation of the sewage works.
7782. 5 DEFICIENT OR EXCESSIVE PH. Any waters or wastes
having a PH lower than 5. 5 higher than 9. 0 or having
any other corrosive property capable of causing damage
or hazard to structures, equipment and personnel of the
sewage works.
7782. 6 POISON. Any waters or wastes containing a toxic or
poisonous substance in sufficient quantity to injure or
interfere with any sewage treatment process, constitute
a hazard to humans or animals, or create any hazard
in the receiving waters of the waste treatment plant.
7782. 7 SUSPENDED SOLIDS. Any waters or wastes containing
suspended solids of such character and quantity that
1 unusual attention or expense is required to handle such
materials at the waste treatment plant.
7782, 8 . NOXIOUS EFFLUVIUM. Any noxious or malodorous gas
or substance capable of creating a public nuisance.
7783. WASTES REQUIRING APPROVAL. No person shall,
without prior approval obtained from the Director of
Public Works, or his authorized representative, intro-
duce, or cause the admission, into any public sewer, of
any waters or wastes having:
7783. 1 EXCESSIVE OXYGEN DEMAND. A 5-clay Biochemical
Oxygen Demand greater than 300 parts per million by
weight or
7783. 2 SUSPENDED SOLIDS containing more than 350 parts per
million by weight of suspended solids, or
7783. 3 RESTRICTED WASTES containing any quantity of sub-
stances having the characteristics described in Section
7782.
7784, PRELIMINARY TREATMENT, Where necessary in the
opinion of the Director of Public Works, the owner shall
provide, at his expense, such preliminary treatment as
may be necessary to obtain:
1. REDUCTION' OF OXYGEN DEMAND. Reduction of
the Biochemical Oxygen Demand to 300 parts per
million and the suspended solids to 350 parts per
million by weight, or
2. REI:}UCTION OF OBJECTION,TABLE FEATURE.
Reduction of objectionable characteristics or con-
siituents to within the maximum limits provided
for in Section 7782. or
�)r:
W
Ordinance No. 912
Page Six
3. CONTROL, OF FLOW. Control of the quantities
and lutes of discharge of such waters or wastes.
7784. 1 COMPLIANCE WITH PRELIMINARY TREATMENT I
REQUIREMENTS. No person who has been notified
of the necessity of preliminary treatment described in
the foregoing Section 7784, shall thereafter discharge
into any public sewer any water, waste or sewage
which has not been given such prescribed preliminary
treatment.
7785. COMPLIANCE WITH OTHER REQUIREMENTS AND
REGULATIONS. No person shall discharge into auiy
public sewer any water waste or sewage, or otherwise
use the municipal sewage works, unless the following
have been complied with:
7785. 1 APPROVAL OF PLANS,FOR PRELIMINAR,1" TREAT-
MENT. Plans, specifications, and other pertinent
information relating to proposed preliminary treatment
facilities shall be submitted for the approval of the
Director of Public Works. No construction of such
facilities shall be commenced until said approval is ob-
tained in writing.
7785. 2 MAINTENANCE OF PRELIMINARY" TREATMENT
FACILITIES. Where preliminary treatment facilities I
are provided for any waters or wastes, they shall be
maintained continuously in a satisfactory and effective
manner, by the owner at his expense.
'7785. 3 BUILDING MANIiOLE. When required by the Director
of Public Works, the owner of any property served by
a building sewer carrying industrial wastes shall install
a suitable manhole in the building' sewer to facilitate
observation, sampling and measurement of the wastes
prior to discharge into the public sewer. Such manhole,
when required, shell be accessible and safely located,
and shall be constructed in accordance with plans
approved by the Director of Public Worlts. The manhole
shall be installed by the Owner W his expense, and shall
be maintained by him so as to be safe and accessible at
all times,
7785. 4 PLACE FOR SAMPLING. In the event that no special
manhole has been required, the control. manhole shall
be considered to be the nearest downstream manhole
in the public sewer from the building sewer.
7786, STANDARDS FOR METHODS OF TESTING, In ad;ninister-
ing the provisions of this Chapter and in determining com-
pliance therewith, all measurements, tests and analyses
of the characteristics of waivers and wastes shall be
determined in accordance with the most recent available
edition and sapplernenrs of "Standard Methods Gor The
ExaminalionOf Water And Waste 'Hater" pnbltshe(! by the
American Public Health Association, American ��fater--
works Association, and the Water Pollution Control
Federation,
7787, SPECIAL AGL;EL;NIEN`L TOA.CCEPT S7.WA(lls. No pro-
vision contained i.n thLs Article shall be con.oxtied as
preventing any spectral agreemenL or arraneernent hei.wer,n
403
Ordinance No. 912
Page Seven
the City and any industrial concern whereby an in-
dustrial waste of unusual strength or character may
be accepted by the City for treatment, subject to
I payment of a fee by the industrial concern to defray
the cost to the City of treating such industrial waste.
In the event of conflict between the provisions of any
such agreement or arrangement, and the provisions
hereof, the former shall prevail.
ARTICLE 778. 9
PROTECTION FROM DAMAGE
7759. TAMPERING WITH SEWERS. No person shall mali-
ciously, or without authority, wilfully or carelessly
break, damage, destroy, uncover, deface or tamper
with any structure, appurtenance or equipment which
is a part of the rn.unicipal sewage works.
ARTICLE 779
ENFORCEMENT
77gi. ENTRY UPON PREMISES. The Director of Public
Works and other duly authorized employees of the
City bearing proper credentials and identification shall
have the authority and right to enter and go upon any
premises in the City of Palm Springs at all reasonable
hours for the purposes of inspection, observation,
I measurement, sampling and testing in accordance with
provisions of this Chapter and when needed in further-
ance of effective and efficient management and operation
of the municipal sewage works system. No person shall
fail or refuse to permit entry of any premises or build-
ing by any of the said officials for any purpose specified
above, or interfere with, hinder or obstruct any such
official in the performance of his duties.
7792. ORDERS TO CORRECT VIOLATIONS. Whenever any
person is found to be violating any provision of this
Chapter, lie may, in lieu of arrest or other legal action
or enforcement procedures, be served by the building
official or Director of Public Works with a written notice
stating the nature of the violation and ordering whatever
corrective action is appropriate under the circumstances.
Each such order shall prescribe a time within which such
order is to be complied with. The period of time prescribed
shall not be less than five days, except that a shorter period
of time may be prescribed in any case where, in the judg-
ment of the official serving the notice, an extreme problem
exists which constitutes an immediate threat to the public
health, safety or welfare. Failure, neglect or refusal of
any person served with such an order, to comply with the
I directions contained in such order, within the time pre-
scribed in the order, is unlawful, unless an appeal has
been filed with the City Manager and has been allowed
or is pending by or before the City Manager. If an appeal
is disallowed by the City Manager, such action is final,
but the period for compliance with the order may be
extended by the City Manager and the failure, neglect
or refusal to comply with said order within the new time
prescribed, is unlawful.
4_04
Ordinance No. 912
Page Eight
7793. VIOLATIONS. Any person, whether as principal, agent,
employee or otherwise, ,who Violates any provision of
this Chapter, or who fails to comply therewith, or who
violates or fails to comply with any order or regulation I
made hereunder, is guilty of a misdemeanor. Any such
person further shall be guilty of a separate offense for
each and every day during which any such violation or
failure to comply is committed, continued or maintained.
7794. LIABILITY TO CITY. Any person violating any of the
provisions of this Chapter shall become liable to the
City for any expense, loss or damage occasioned to the
City by reason of such violation,
SECTION 3. EFFECTIVE DATE. This Ordinance shall be in lull
force and effect thirty (30) days after passage.
SECTION 4. PUBLICATION. The City Cleric is hereby ordered and
directed to certify to the passage of this Ordinance and to cause the
same to be published once in THE DESERT SUN, a daily newspaper
of general circulation, printed, published and circulated in the City
of Palm Springs, California,
ADOPTED this 13th day of _ DecemberT, 1971^
AYES: Councilmen Poster, McCoubrey, Pitts, Purcell and Mayor Wiefels
NOES: None
ABSENT None
ATTEST: CITY OF PALM SPRINGS, CALIFOIiNIA
F. D. ALESHIRE
City Clerk
M
'�De'puty City C1er�i" "' Mayor
APPROVED AS TO FORM: CONTENTS APPROVED:
41ty-.MFo�rney�
--^ --------- __._ --
Date 11-22-71 Date _—_,--
I hereby certify that the foregoing Ordinance 912 was duly adopted by the
City Council of the City of Palm Springs in a meeting thereof held on
December 13, 1971, and that same was published in THE DESERT SUN, a
newspaper of general circulation on December 22, 1971. I
Dated this 29th day of December, 1971.
F.D. ALESHIRE
City Clerk
YY JUDITH SUMICH
Deputy City Clerk
405
ORD1I'SANCE 1'dO. 913
AN ORDINANCE OF '1 IIE CITY OI' PALM SPRINGS,
CALIFORNLA , APvIENDIING DIVISIONS 1. (GOVERNMENT),
2 (BUSIINTSS), 3 (- ALTH), AND 4 (SAFETY), OF THE
PALL/ S-13EINGS ORDINANCE CODE, BY REPEALING
CER7:AIN PA?iTS THEREOF, AND BY MAK'ENG OTHER
MISCELLANEOUS ANIENDMENTS, REVISIONS AND
ADDITIONS.
PIIE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DOES OBDAIN AS FOLLOWS:
SECTION 1. Article 103 of the Palm Springs Ordinance Code, relating
to issuance of citations in lieu of arrests for vi.ola.tiot-s of said Code, is
hereby repealed, and the following is added instead, to read as follows:
ARTTCL.� 103
CITATIONS FOR ORDINANCE CODE VfOLATIONS
1031. NOTICE TO APPEAR, IN LIEU OF .ARREST. In any case
in which a person is arrested for a viol.atfon of any pro--
vision of this Code and does not demand to be taken before
a magistrate, such person may, in lieu of being taken before
a magistrate., be issued a wriii;en notice to appear in court
and may Then be released, all pursuant to and in accordance
with the procedures prescribed by California Penal Code
Section 853. 6 et seq.
SECTION, 2, Sections 1123, 1123, 1, 1124, 1124. 1, 1.125. 1, 1.126 and
1127, and Article 113, of the Palm Springs Ordinance Code, relating
to City Council procedures and committees, are hereby repealed, and
a. new Section 1121 is hereby added, to read as follows:
1121, ADOPTION OF PROCEDURES. The City Council shall, by
resolution, adopt rules of procedure to govern the conduct
of its meeti.ngs, any of its other functions and activities,
and regulations pertaining thereto.
SECTION 3, Article 154 of the Palm Springs Ordinance Code, relating
to drawing, payment, and other matters concerning City warrants, is
hereby repealed.
SECTION 4. Article 201 of the Palm Springs Ordinance Code, relating
to regulations concerning cabaret entertainment, is hereby amended, by
repealing Section 2014 thereof, and by amending Sections 2011, 2012,
2013, 2015 and 2016 thereof, to read as follows:
2011. SOLICITING OF DRINKS. No person owning, operating,
managing or otherwise controlling any place as defined in
Section 2010, shall conduct, sponsor or allow any entertain-
rnent at any time when the practice of employees soliciting
or accepting drinks of alcoholic beverages from patrons is
permitted.
2012. ENTERTAINMENT VISIBLE , AUDIBLE FROM STREET. No
person owning, operating, managing or otherwise controlling
any place as defined in Section 2010, shall suffer or permit
any entertainment to be conducted which is visible or plainly
audible from any public street or sidewalk, except for such
temporary periods not exceeding one minute when patrons
are entering or exiting through a doorway,
2013. SOLICITATION OF TRADE. No person shall engage in per-
sonally soliciting trade on any public street or sidewalk at
or near the entrance of a place with entertainment, nor shall
N tf
' Ordinance No. 913
Page Two
any person owning, operating, managing or otherwise con-
trolling any place as defined in Section 2010, conduct, spon-
sor or allow any entertainment when such practice of solicit-
ing business is engaged in or permitted.
2015. LOCKED DOORS. No person owning, operating, managing
or otherwise controlling any place as defined in. Section
2010, shall conduct, sponsor or allow any entertainment
therein at any time when the regularly used doors thereto
are not unlocked with free ingress and egress while patrons
are in the establishment.
2016, HOURS FOR ENTERTAINMENT. No person owning, operat-
ing, managing or otherwise controlling any place as defined
in Section 2010, shall conduct, sponsor or allow any enter-
tainment therein between the hours of 2:00 o'clock a, m, and
6:00 o'clock a. m.
SECTION 5. Article 203 of the Palm Springs Ordinance Code, relating
to control and regulation of handbills, is hereby amended, by repealing
Sections 203. 4, 203, 56 and 203. 6 thereof, and by amending Sections
203. 32 and 203. 57, to read as follows:
203,32 , PLACING COMMERCIAL HANDBILLS IN OR ON VEHICLES
PROHIBITED. No person shall distribute, deposit, place,
throw, scatter or cast any commercial handbill in or upon
any automobile or other vehicle.
203. 57 REVOCATION OF LICENSE. If at any time after the issuance
of a license to distribute commercial handbills, the Chief of
Police ascertains a false statement has been made in the ap-
plication of the licensee,or if the licensee is or has been con-
victed of a crime involving moral turpitude, or if the licensee
violates any provision of this Article relating to the distribu-
tion of handbills, the Chief of Police,. after affording the
licensee due opportunity for a hearing in which the licensee
might refute the charges, may revoke the license of the sub-
ject, and said licensee afterward shall not further distribute
commercial handbills in the City.
SECTION 6. Article 204 of the Palm Springs Ordinance Code, relating to
aeronautic advertising, is hereby- repealed.
SECTION 7. Section 2056 of the Palm Springs Ordinance Code, relating
to processing of permits for searchlight operations, is hereby amended,
to read as follows:
2056, FEES AND ISSUANCE OF PERMITS. To defray the cost to
the City of administering the provisions of this Article, there
shall be payable in advance to the City by eacli applicant a fee
in such amount as may be established by resolution of the City
Council. Such fee shs11 be in addition to any other licenses,
fees or taxes required by any other law of the City. No fee
shall be required for a permit renewal at the same location
at any time within fifteen (15) days after expiration of a prior
permit period. The Director of Planning and Development
shall issue the permit unless he deternmies that to do so would
cause substantial injury to the public interest or welfare, or
that in his judgment the applicable operating regulations pres-
cribed in this Article will not or cannot be cornplied with by
the applicant. Any administrative action by the Director of
Planning and Development pursnant to this ArrAcle is appeal-
able by any aggrieved person to the City Council whose actinn
thereon after hearing, shall be final.
:0
Ordinance No. 913
Page Three
SECTION 8. Former Art;i.cie 226 of the Palm Springs Ordinance Code
has been renumbered to henceforth be Article 233, and is hereby revised
and amended, to read as follo-ivs:
ARTICLE 233
SECOND HAND DEALERS, PAWNBROKERS, LOAN BROKERS
2331. REPORTS REQUIRED. Every second hand dealer, pawn-
broker, loan broke;°, and every proprietor, keeper or
owner of any office or other place of business where money
is Loaned on personal property for compensation, shall daily
make out and deliver to the Chief of Police every day before
the hour of twelve o'clock niidn`_ght, on a blank form approved
by or prescribed by the Chief of the State of California Bureau
of Criminal Identification and Investigation, and provided by
the: per:ton rendering such report, a full, true and complete
report of all,property and other valuable goods, wares, mer-
chandise or things received on deposit or purchased during
the preceding twenty-four consecutive hours (subject to the
exception or exceptions set forth in Financial Code Section
21203), further setting forth the hour of the day when each
item was received on deposit, in pawn or purchase, and a
description of the person or persons by whom left in pledge,
or deposited or fxorn whom purchased', and also their true
names and residence addresses as nearly as the same are
known to the said person rendering the report. Said report
shall be written in the English language in a clear and
legible manner. In addition to the operators of businesses
hereinabove mentioned who are generally required to file
daily reports, any other business operator who is engaged
primarily in retail selling of new merchandise, who occa-
sionally receives in trade valuable goods, wares, merchandise
or other property not regularly registered with the State
(such as are motor vehicles), shall pursuant hereto be re-
quired to make reports as prescribed above in this section,
of all second hand items, so received, provided that daily
reports from such business operators will not be required
where the receipt or purchase of such second hand items
is not a daily occurrence,
2332. PROPERTY HOLDING PERIOD. All the property and other
valuable goods, wares, merchandise and things received on
deposit or purchase as prescribed in Section 2331 shall be
kept intact in its original state by every person receiving the
same as stated, for a period of thirty (30) calendar days
from the said purchase, receipt or acquisition of the same
(unless sooner expressly released by the Chief of Police or
his authorized representative),and any such item shall be
exhibited to the Chief of Police or his representative, or to
,any other peace officer, upon demand.
7
1 2333, DISPOSITON Or REPORTS. The Chief of Police upon receipt
of any report required pursuant to Section 2331 shall file same
in the Police Department records, and such report shall not be
open for inspection by the general public, but only to Police
Department personnel of the City, to authorized law enforce-
ment agents from the area where the selling or pledging person
resides, to any other duly authorized peace officer examining
same in the course of official duty, and to such other persons
as a court of competent jurisdiction may order. One copy of
such report will be forwarded by the Chief of Police to the
Chief of the State of California Bureau of Criminal. Identifica-
tion and Investigation.
Ordinance No. 913
Page Four
2334. DUTY TO IDENTIFY SELLER OR PLEDCOR. Every buyer of
second hand goods, pawnbroker, loan broker, or proprietor,
keeper or owner of any office or other place of business wercj
money is loaned on personal property for compensation, thhan
agents and employees, shall require the person or persons by
whom said property is left in pledge, stored, deposited, or
from whom purchased, to display identification, and to the
best of their ability to require him to sign his true name and
give his correct address for purposes of the report required
by Section 2331 above.
2335. GIVING OF FALSE INFORMATION UNLAWFUL. No person
shall sign a fictitious name or fictitious address in connection
with any information obtained pursuant to the requirements of
this Article, nor shall any person in any manner enter or
cause to be entered any other fictitious information, values
or identification in such respect.
2336. PERMIT REQUIRED. No person shall engage in any of the
business activities the operators of which are required to
render reports pursuant to Section 2331, unless and until
he first receives a permit so to do from the Chief of Police,
which permit shall be issued upon the applicant's giving of
all information deemed necessary by the Chief for proper
registration of the applicant, and upon it appearing that in
all respects the applicant has complied with this Article
and promises to do so in the future. Further, no person I
shall engage in any of the activities as prescribed unless
and until the business license fee in the appropriate amount
is first paid to the City Manager or his authorized repre-
sentative.
SECTION 9, Article 231 of the Palm Springs Ordinance Code, relating
to photography business regulations, is hereby repealed,
SECTION 10. Chapter 24 of the Palm Springs Ordinance Code, relating
to regulation of public dancing, is hereby amended as follows:
A. Sections 2411, 2417, 2421 and 2423 of said Chapter 24, are hereby
amended, to read as follows:
2411. PERMIT REQUIRED. No person, whether as principal,
agent, employee or otherwise, shall conduct, manage,
carry on, or participate in any Glancing club, dancing school,
studio, public dance or public dance hall unless by authority
of a permit from the City Manager.
2417. PERMIT 13EQUIRhNG POLICING. Whenevec the public peace,
health, safety or general welfare so require, the City Manager,
at the time of issuance or at any time during the term of any
permit issued hereunder, shall make such perinit conditional
upon the attendance of a special police or fire officer or
officers, appointed under Article 247, at any dancing club,
public dance or public dance hall during any or all times
dancing is being conducted, carried on or allowed, and in
such event the permit shall be effective only during the
attendance of such police or fire officer or officers.
2421. ISSUANCE OF PERMIT. PermRs to conduct dancing clubs,
dancing schools, studios, public (.lances or public dance balls
may be issued or renewed by 'the City Manager upon the written
application of any person for himself or on behalf of any other
person, and payment of the required charges,
Ordinance No. 913
Page Five
2423. FILING OF APPLICATION: FEE. Every such application
1 shall be filed with the City Clerk, and at the tune of filing
the applicant shall submit a payment in such amount as has
been prescribed by resolution of the City Council, to defray
the expense of investigation and processing.
B. Article 243 of said Chapter 24, is repealed.
C. Article 244 of said Chapter 24, is amended by repealing Sections
244:1., 2443, and 2444, thereof., and by amendv�g Section 2442 and
the title of said Article 244, both to read as follows:
ARTICLE 244
ACTION BY CITY MANAGER
2442. CONSIDERATION, DECISION BY CITY A2Ai4AGER. After
receiving.the reports as provided for in Section 2428, the
City Manager may make such further investigations as he
deems proper or advisable in the interest of the public
peace, health, safety and general welfare, and within thirty
(30) days from the filing of the application shall. either ap-
prove, conditionally approve or deny the application accord-
ing to the requirements of the public peace, health, safety
or general welfare. Should the City IV-Tanager fail to act
within said time, the application shall be deemed denied.
At any time after the application is filed, however, and
pending complete processing therebf, the City Manager
may issue a temporary permit upon stated terms and con-
ditions, including a fixed expiration date or indefinite
period subject to termination on notice, so long as the City
Manager terhatively determines that the temporary permit
for the activity desired to be held will comport with and
not prejudice nor work to the disadvantage or injury of the
public peace, safety, morals, health or welfare.
D. In Sections 2451, 2453, 2459 and 2461 of said Chapter 24, where-
ever the word "Council" appears, the same shall be deleted and
there shall be substituted in its place and stead, the words
"City Manager. "
E. Section 2472 of said Chapter 24, is amended to read as follows:
2472. SPECIAL OFFICERS REQUIRED BY CITY. The City
Manager may require the presence and attendance of
such special police officer or officers, or also a special
fire officer or officers in accordance with the provisions
of the Uniform Fire Code relating to standby firemen at
places of public assembly, any of which requirements may
be prescribed as a condition or conditions to the exercise
of any permit, long term or temporary, as her. einabove
1 provided for.
F. A new Article 248 is added to said Chapter 24, to read as follows:
ARTICLE 248
APPEALS
2451, APPEALS. Any person aggrieved by any decision of the
City Manager with respect to denial or issuance of any
permit, conditions attached thereto, or any other adminis-
trative action taken pursuant to the terms of this Chapter,
410
Ordinance No, 913
Page Six
may appeal to the City Council by filing a written notice
of appeal with the City Clerk, specifying the grounds of
appeal. The City Clerk shall thereupon fix an early time
and place of hearing on such appeal. Novice thereof shall '
be given the appellant and other persons who in the City
Clerk's opinion appear to be interested persons of record,
of the time and place of hearing by serving such notice
personally or by depositing it in the United States mail
addressed to all such persons at their last known addresses,
respectively. The City Council shall, after hear '.ng, have
authority to determine all questions raised on such appeal,
and to take any action consistent with the terms of this
Chapter, or which could legally have been taken by the
City Manager in the matter.
SECTION 11. Chapter 25 of the Palm Springs Ordinance Code, relat-
ing to regulation of "close-out" sales, is hereby amended as follows:
A. In Sections 251f, 2512, 2521, 2522. 4, 2522. 41, 2531, 2534,
2535, 2536, 2587, 2551, 2557, 2565, 2571 and 2572 of said
Chapter 25, wherever the words "City Coonc;l"' or "Council"
appear, the same shall be deleted and there shall I)e substituted
in their place and stead, the words "City Manager.
B. Sections 2532 and 2533 of said Chapter 25, are repealed.
C. Sections 2523, 2541 and 2544 of said Chapter 25, are amended
to read as follows:
2523. PILING PEE, No application for any permit pursuant to
the provisions of this Chapter shall be accepted by or on
behalf of the City Manager unless said application shall
be accompanied by o. filing fee in such amount as has been
prescribed by resolution of the City Council, no part of
which fee shall be refunded whether said application be
granted or denied.
2541. RENEWAL OF PERMIT: APPLI.C'.TIrTON: IEEE. The
City Manager may, upon verified application therefor,
renew said permit for a period of not to exceed thirty
(30) days, upon the payment of a renewal fee in such
amount as has been prescribed by resolution of the City
Council.
2544. SECOND RENEWAL. The City Nlayiager riay renew any ori-
ginal permit in the manner herein provided, riot to exceed
two (2) times, upon payment of a fee for each such renewal,
in such amount as has been prescribed by resolution of the
City Council.
D. A new Article 259 is added to said Chapter 25, to read as follows:
ARTICLE 259 l
APPEALS
2591. APPEALS. Any person aggrieved by any decision of the
City Manager with respect to dental or issuance of any
permit, conditions attached thereto, or any other adniini.s
trative action taken pursuant to the terms of this Chantec,
may appeal to the City Council by filing a written notice of
appeal with the City Clerk specifying the grounds of appeal.
The City Clerk shall thereupon fix an early time anti place
1.1
Ordinance No. 913
Page Seven
of hearing on such appeal. Notice thereof shall be
given the appellant and other persons who in the City
Clerk's opinion appear to be interested persons of
record, of tl.e time and place of hearing, by serving
such notice personally or by depositing it in the United
' States mail addressed to all such persons at their last
known addresses, respectively. The City Council
shall, after hearing, have authority to determine all
questions raised on such appeal., and to take any action
consistent with the terms of this Chapter, or which
could legally have been taken by the City Manager it)
the matter.
SECTION 12. Chapter 27 of the Palm Springs Ordinance Code, re-
lating to regulation of jelivelry auctions, is hereby amended as follows:
A. In Sectiou.s 2723, 2124, 2725 and 2727 of said Chapter 27, where-
ever the words "City Council" or "Council" appear, the same
shall be deleted and there shall be substituted in their place and
stead, the words ''City Manager. "
B. Section 2722 of said Chapter 27, is amended to read as follows:
2722, FEE FOR INVESTIGATION. At the time of filing of such
application, a fee in such amount as has been prescribed
by resolution of the City Council, shall be paid, for use
in defraying at least in part the expenses of necessary
investigation.
I C, A new Article 276 is added to said Chapter 27, to read as follows:
ARTICLE 276
APPEALS
2761. APPEALS. Any aggrieved person shall have the right of
appeal to the City Council, pursuant to the grounds, pro-
cedures and processing set forth in Section 2591 of
Chapter 25 of this Code hereinbefore,
SECTION 13. Section 2944 of Article 294 of this Code, relating to the
requirement that certain types of private employees who work in the
City, register with the Chief of Police, is hereby amended to read as
follows:
2944. FINGERPRINTS. The Chief of Police, pursuant to Section
2943, shall fingerprint each employee covered hereunder.
If the Chief deems it necessary or appropriate in order to
obtain an adequate identification and background on a given
employee, either at the time of registration or subsequent
thereto, he may in his discretion cause a copy or copies of the
fingerprints to be forwarded for report by an agency such as
the State of California Bureau of Criminal Indentification
and Investigation, or the Federal Bureau of Investigation,
or other reporting agency as may be appropriate under
the circumstances. The costs of obtaining any such report
shall not be charged to the employee, unless such charges
are specifically provided for by resolution of the City
Council.
Ordinance No. 913
Page Eight
SECTION 14. Division 3 (Health) of the Palm Springs Ordinance Code,
is hereby repealed, except for the following Articles and sections which
shall remain in full force and effect, to wit: Article 370, Sections 3712
through 3725, inclusive, of Articles 371 and 372, and Article 380.
SECTION 15. Division 4 (Safety) of the Palm Springs Ordinance Code,
is hereby amended by adding thereto a new introductory section, to be
numbered Section 4000, immediately preceding Chapter 40, and reading
as follows:
4000. PROVISIONS NOT TO BE DEEMED DUPLICATIVE OF
STATE LAW. No provision contained in this Division is
intended, nor shall it be deemed or construed, to make
punishable any act or acts which are prohibited by any law
of the State of California.
SECTION 16. Chapter 401 of the Palm Springs Ordinance Code, is hereby
amended, by repealing Sections 4011, 4012 and 4013 of said Chapter 401,
by amending Section 4015 thereof to read as follows, and by amending the
title of said Chapter 401, also to read as follows:
CHAPTER 401
UNSAFE CONDUCT
4015. SLEEPING IN VEHICLES IN PUBLIC PLACES PROHIBITED. I
No person shall sleep in any auiomobile or other vehicle
parked on any sidewalk, street, alley, or other public place,
including any approved private street or right-of-way, within
the corporate limits of the City of Palm Springs.
SECTION 17, Section 4032 of the Palm Springs Ordinance Code, relating
to issuance of permits to discharge guns within the City, is hereby amended
to read as follows:
4032. APPLICATION FOR PERMIT: GRANTING, DENIAL.
Application for such permission shall be made in v ri.ting
to the Chief of Police who shall grant such permission only
if he determines that a substantial public interest: or a
compelling private need will be served thereby, and also
that the shooting, if permitted cannot foreseeably result in
any injury, disturbance, annoyance or hazard to any person
or result in any damage to property other then that of the per-
mittee, and further that is will in no way unnecessarily jeopar-
dize or seriously menace the public peace, health or safety.
In any case where the Chief of Police grants a permit, lie may
attach whatever conditions and terms as in his opinion are
necessary or appropriate in order to carry out the objectives
stated in this section. No permittee exercising the privilege
granted by any such permit, shall fail, refuse or neglect to
strictly comply ,vith all conditions and terms the Chief of
Police may have attached thereto.
SECTION 18. Chapter 41 of the Palm Springs Ordinance Code, relating to
requirements that certain convicted persons register locally with the Chief
of Police, is hereby repealed.
SECTION 1.9. Article 425 of the Palm Springs Ordinance Code, relating to
regulations governing the blasting of explosives, is hereby amended as
follows:
Ordinance No. 913
Page Nine
A. Wherever in the Sections comprising said Article 425, the words
I "Chief of Fire Prevention" or "Chief of the Bureau of Fire Preven-
tion 11 appear, the same shall be deleted and there shall be substi-
tuted in their place and stead, the words "Chief of the Fire Depart-
men'. "
B. Sections 4252. 3 and 4253. 5 of said Article 425, are hereby amended,
to read as follows:
4252. 3 FEE FOR CERTIFICATE. The fee for the Certificate of
Fitness shall be in such amount as may be established by
resolution of the City Council.
4253. 5 FEE FOR PERMIT. The fee for a blasting permit shall be
in such amount as may be established by resolution of the
City Council.
SECTION 20. Article 441 of the Palm Springs Ordinance Code, relating
to regulations concerning the use of sound trucks, is hereby amended by
repealing Sections 4420 and 4:430. 6 thereof, and by amending Sections
4413, 4430 and 4440 thereof, to read as follows:
4413. FEE PAYABLE. Prior to issuance of the Registration
Statement, as provided by Section 441.1 above, the appli--
cant shall pay to the Chief of Police, for and on behalf of
I the City, a fee in such amount as has been prescribed by
resolution of the City Council, per day, or any portion
thereof, in advance, for the number of days of proposed
operation as set forth on the application.
4430. SOUND TRUCK USE REGULATIONS. Commercial use of
sound trucks with sound amplifying equipment in operation
shall be subject to all the following regulations; however,
non-commercial use of sound trucks with sound-amplify-
ing equipment in operation shall be subject only to those
regulations listed below as Sections 4430, 4, 4430. 7 and
4430. 8.
4440. COMPLIANCE WITH REGULATIONS REQUIRED. No per-
son shall operate, or assist or participate in the operation
of any sound truck within the City except in compliance with
the applicable provisions of this Chapter, and no person shall
wilfully or knowingly violate any provision thereof, or fail,
refuse or neglect to comply with each and every applicable
provision therein.
SECTION 21. Chapter 45 of the Palm Springs Ordinance Code, relating
to civil disputes is hereby amended, by repealing Sections 4514, 1 and
4516 thereof, and by amending Sections 4512, 4514 and 4517 thereof, to
read as follows:
4512. INTERFEP,ENCE WITH NORMAL TRAFFIC. No person
involved in a dispute, or comprising a part of, or in any other
way accompanying or being present with, any group of persons
involved in a dispute, shall congregate, or singly or as part
of a group, act in such a manner on any public way or part
thereof, that any pedestrian is thereby annoyed or molested,
or that there is an obstruction or unreasonable interference
with the free passage of pedestrians, motor vehicles, or
persons utilizing other modes of travel.
Ordinance No. 913
Page Ten
4514. CARRYING OF PLACARDS. No person who is involved in
a dispute and is congregating along a public way, shall carry
a card, placard, sign or similar object in such a manner
that, or which because of its size, dimensions, shape or
other physical aspect, it constitutes a hazardous object
to other pedestrians using the public way in a customary
manner for passage and travel, or which, because of
the reasoner reasons as aforesaid, the card, placard,
sign or similar object creates an obstruction or unreason-
able interference with the free passage of pedestrians in
a customary manner.
4517. USE OF STATIONARY DEVICES. No person who is in-
volved in a dispute shall place or station, along any public
way, any object or article or more than one such item,
used in connection with advertising or disseminating in-
formation concerning the dispute, which 'item or items
because of size, dimensions, shape or other physical aspect,
constitutes or constitute a hazardous object to pedestrians
or motorists using the public way in a customary manner
for passage and travel, or constitutes an obstruction or
unreasonable, interference with the Free passage ofpedes-
trians, motor vehicles, or persons utilizing other modes
of travel.
SECTION 22. Chapter 46 of the Palm Springs Ordinance Code, relating
to regulations concerning parades, is hereby amended as follows:
A. Section 4617. 1 of said Chapter 46, is amended to read as follows:
4617. 1 OUTSIDE OF CONGESTED TRAFFIC AREAS. If the City
Manager finds that the parade is to be conducted wholly
outside of the congested traffic area, he shall issue the
permit unless there is substantial reason for the prohibition
of the parade on grounds set forth in this Chapter.
B. Subsections (B) and (F) of Section 4617. 2, are amended as follows :
4617. 2 (B) The conduct of the parade is not reasonably anticipated
to require the diversion of so great a number of ooli.ce
officers of the City as would be needed to police i.he iirra
of movement in the area contiguous thereto, that: the re-
sult would be to deny and prevent adequate police pro-
tection to the remainder of the City;
(F) The parade will serve a -recognizable public purpose, at
least as to a substantial segment of the citizenry.
C. Section 4621 of said Chapter 46., is amended to read as follows:
4621. PARTICIPATION IN PARADE WITH NO PEENIIT: PRO-
HiBITED. No person shall participate as a member of a
group conducting a parade for which no permit has been
issued pursuant to this Chapter, when such person has know-
ledge of the lack of such permit, or after he has been per-
sonally notified to this effect.
SEC'TION'23. . EFFECTIVE DATE. This Ordinance shall be in full force
and effect thirty (30) days after passage.
Ordinance No. 913
Page Eleven
SECTION 14. PUBLICATION. The City Clerk is hereby ordered and
directed to certify to the passage of this Ordinance and to cause the
same to be published once in THE DESERT SUN, a daily newspaper of
general circulation, printed, published and circulated in the City of
Palm Springs, California.
ADOPTED this 13th day of. December , 19 71
AYES: Councilmen Foster, McCoubrey, Pitts, Purcell and Mayor Wiefels
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
F. D. ALESHIRE
Cit Clerk
eputy C;ity Cher jVlayor
APPROVED AS TO FO�RnM.:. CONTENTS APPROVED:
it tto
Date�11-22-71 Date
I hereby certify that the foregoing Ordinance 913 was duly adopted by the
City Council of the City of Palm Springs in a meeting thereof held on
December 13, 1971, and that same was published in THE DESERT SUN, a
newspaper of general circulation on December 22, 1971.
Dated this 29th day of December, 1971.
F.D. ALESHIRE
City Clerk
JUDITH SUMICH
'beputy City Clerk
I
r.
4�E,
I
OltD)..i)'A110E 1`?O. 91.4
A.1Qf 0j-i)-,)I)\TA1\TCB OF THE, CITY OF PALM SPRINGS,
C''A.LI. F0R11JlA, AME1,4DYNG DIVISION 5 (VIELFARFa),
6 (TRAYFIC), '7 (PUBLIC PLACES) AND 9 (.PLANNING),
BY REPEALING CERTAIN PA:iTS THEREOF, AND BY
I,AAKING OTHER MISCELLANTEOUS AMENDMENTS,
REVJSIONS AND ADTIITIONS.
-------- ----------------------
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, C.ALIFORNIA,
DOES ORDAIN AS FOLLOWS;
SECTION 1. Chapter 57 of the Palm Springs Ordinance Code, relating
to the City-adiniiiisiered refuse collection and disposal program, is
hereby amended as follows:
A. Sections 5723, 5725, 5725. 1, 5725. 2, 5725. 3, 5725. 4, 5726, 5727,
5741 , 5742, 5743, 5753, 5771. and 5772 of said Chapter 57, are re-
pealed.
B. Sections 5700. 1, 5700. 2, 5713, 5714, 5724, 5731, 5733, 5754, 5761,
5762 , 5763, 5764 and 5765 of said Chapter 57, are amended, and
new Sections 5700. 3, 5715, 5716 and 5744 are added to said Chapter.
57; all to henceforth read as follows;
5700. 1 "GARBAGE" includes all waste accumulations of animal,
fruit, vegetable or other matter that attends or results
from the preparation, use, cooking, processing, dealing
I in or storage, of food, meat, fish, fowl, fruits or vegetables,
including same or pests thereof.
5700. 2 "RUBBISH" includes all waste matter other than garbage, soil,
or rock material..
5700. 3 "P,EFUSE" is a comprehensive term meaning any and all
waste matter and material, and includes garbage and rubbish.
5713. SPECIFICATIONS FOR CONTAINERS. All domestic refuse:
containers shall be constructed of metal or plastic, equipped
with suitable handles and tight fitting covers, and shall be
watertight.
5714, SANITATION OF CONTAINERS. All containers shall be kept
in a. neat, clean and sanitary condition at all times by the
person in possession, charge or control of the premises.
5715. DOMESTIC CONTAINERS, CAPACITY. Each domestic con-
tainer shall have a capacity of not less than. ten (10) gallons,
and not more than thirty (30) gallons, and no such container
shall have a total loaded weight exceeding fifty (50) pounds
at the time of collection.
I 571.6. COMMERCIAL TYPE BINS. A commercial type bin shall be
of welded steel construction suitable for the storage of refuse,
and shall be equipped with slots or other devices capable of
being engaged by t;ie arms of a front loading refuse truck
designed for that purpose.
5724, DEPOSIT OF RUBBISH. Rubbish may be deposited with
garbage or it may be placed in a separate container.
r
4i8
Ordinance No. 914
Page Two
5731. PL"iCING OF REFUSE. L'j .STREETS. No person shall place or
deposit any refuse in or upon any public place, street, alley,
sidewalk or footpath in this City except in proper containers
for the purpose of collection by the collectors and between the
hours of 5:00 o'clock a. m. and 8:00 o'clock_ a. m. , on the days
when the Waste Disposal Division, Public Works Department
collects from the particular premises adjacent thereto.
5733. BURNING OF REFUSE PROHIBITED. No person shall burn
any refuse_ within the City, except in an approved incinerator
or other device for which a permit has been issued by the
Chief Building Inspector, and which complies with all applic-
able permit and other regulations o`_' the Air Pollution Control
District, and provided any such act of burning in all respects
complies with all ether laws, and rules and veguiati.ons ad-
ministered by the Air Pollution Control District.
5744. SPECIAL PICKUPS. Subscribers to waste disposal service
may order special pickups of such things as landscape trim-
mings, discarded furniture, and other items too large to fit
in standard containers, subject to rates which have been
established from time to time by the City Council.
5754. HAULING OF OWN GARBAGE. The provisions of this Article
shall not apply to any person transporting his own garbage,
provided such garbage is carried in a covered leak-proof con-
tainer.
5761, ESTABLISHMENT OF RATES AND PICKUP SCHEDULES, The
Council shall, by resolution, from time to time, establish rates
and pickup schedules for collection and disposal of refuse accu-
mulated or produced within the City.
5762. APPLICATION FOR REFUSE COLLECTION SERVICE. All
persons desiring refuse collection service shall make applica-
tion therefor to the Finance Department of the City.
5763. PAYMENTS: RECEIPTS. All payments shall be made to the
City at the Finance Department.office, and appropriate receipts
therefor shall be issued.
5764, DISPOSITION Oi .I-IOP?E.`ZS. Ali such rnoue,ys shall be drpo3it-d
in the appropriate Fund, as designated by resolution of the
Council .
5765, Rf.ILES, REGULAT[ONS BY DIRECTOR OF PUBLIC VdORKS.
The Director of Public Works of the City shall hr;ve power and
authority to promulga��e rules and regulations r:upplernental to
and not inconsistent with l--e provisions of this Chapter, govern-
ing the keeping, placemErt for collection, and the collection,
removal, and disposal of refuse. Any such miles and regula-
tions shall become effective upon approval by the Council. No I
person having knowledge Of or having been advised of any such
rule or regulation, shall disobey, violate, or fail or refuse to
comply with the same:.
SECTION 2, Chapter 59. 1 of the Palm Springs Ordinance Code, relating
to licensing of private patrols is hereby amended by r>pealing 59. ld and
59. le thereof, and by amending 59. if thereof, to read as follovis:
59, if FINGERPRINTING Ris'QTJTRED. Before issuing any pern�iit io an
owner or employce under the terms of this Chaptr-ir, the Chief
of Police sliail require the applicant: Lo be ringerprinted and
419
Ordinance No, 914
Page Three
photo graphed and a record on such applicant: shall be
obtained from the Bureau of Criminal Identification
and Investigation of the State of California Department
of Justice, and from such other reporting agencies as
the Chief of Police, in his discretion, shall deem ap-
propriate. After reviewing such record, the Chief of
Police shall issue the i;ermit unless he concludes, pur-
suant to 59. lb above, that the application should be
denied, and in the case of an employee applicant, unless
he concludes that the granting of a. permit would be detri-•
mental to the public interest. The applicant shall be
required to fray a fingerprint processing fee in such amount
as is prescribed by resolution of the Council., or In the
ab,,enk-c of such resolution, in an amount which will. re-
imburse the direct charges of the agency or agencies
rcudering the record required herein to be obtained plus
an overhead factor in an amount not exceeding one.-third
of the direct charges, to cover Police Department process-
ing. An employee applicant who is denied a permit shall
have the right of an appeal to the Council.
SECTION 3. Chapter 59. 2 of the Palm Springs Ordinance Code, relating
to trespassing on private property or business premises is hereby amended,
to read as follows:
I CHAPTER 59. 2
TRESPASSING OiV PRIVATE OR BUSINESS PREMISE'S
59. 20 TRESPASS BY REFUSAL TO LEAVE. No person shall
remain on any private property or business premises,
after being notified by the owner or lessee or other person
in charge thereof to remove therefrom.
59. 21. TRESPASS BY PROHIBITED ENTRY. No person, without
permission, express or implied, of the owner or lessee or
other p:°rson in charge of private property or business premises,
shall enter upon such private property or business premises
after having been notified by the owner or lessee or other
person in charge thereof to keep off or keep away therefrom.
59, 22 FORM OF NOTIFICATION. Within the meaning of the pre-
ceding sections, notification by the owner or lessee or other
person in charge of the property or premises may be satisfied
by direct verbal communication by any such person or by his
duly delegated agent, including a peace officer or private
patrolman, or by sign conspicuously posted on the property or
premises giving notice of the prohibition of the particular form
of trespass involved.
I 59. 23 EXCEPTIONS. This Chapter shall not apply in any of the
following instances:
a, Where its application results in or is coupled with an
act prohibited by the Unruh Civil Rights Act (which for-'
bids a business establishment generally, open to the
public, from unreasonably and arbitrarily excluding
any prospective customer, and from practicing any
racial or other prohibited discrimination);
42()
Ordinance No, 914
Page Four
b. Where its application results in or is coupled with an
act prohibited by any other provision of 'Law relating
to unlawful discrimination against any person on. account '
of color, race, religion, creed, ancestry or national
origin;
C. Where its application results i.n or is coupled with an
act prohibited by Section 365 of the California Penal
Code or any other provision of law relating to duties
of innkeepers and common carriers;
d. Where its application would result in an interference
with or inhibition of peaceful labor picketing or other
lawful labor activities;
e. Where its application would result in an interference
with or inhibition of any other exercise of a constitu-
tionally protected .right of freedom of speech such as
(but not limited to) peaceful expressions of political
or religious opinions, not involving conduct otherwise
punishable criminally under such laws as Penal Code
Section 647c (obstruction of a street„ sidewalk, or
other public area), or Penal Code Section 415 (dis-
turbing the pease); or
f. Where the person who is upon another's private pro-
perty or business premises is there under claim or
color of legal right. This exception is applicable (but
not limited to) the following types of situations involving
disputes wherein the participants generally have suitable
civil remedies readily available to them; marital and
post-marital disputes; child custody or visitation dis-
putes; disputes regarding title to or .rights in -real
property; landlord-tenant: disputes; disputes between
members of tiic same family or between persons
residing upon the property concerned up until the time
of the dispute; employer. -employee disputes; bushiess-
type disputes such as those between partners; debtor-
credUor disputes; and instances wherein the person
claims rights to be present pursuant to order, decree
or process of a court.
SECTION 4, Chapter 61 of the Palm Springs Ordinance Code, relating to
traffic, is hereby amended as follows:
A. Section 614-Cl of said Chapter 61, relaiiing to the erecting of stop
signs, is amended as follows: In the last lenience thereof, the
reference to Section 471 of the Vehicle Code is amended to make
reference instead to Section 21355 of the Vehicle Code,
B. Sections 6163 and 6164, relating to pedestrians, are repealed,
C. Sections 617-.A9, 91, 6;t7- j,1, 1, 617 .B1, 2, and 613-A1 are amended
to read as follows:
617-.A9. 91 IMPOUNDING OF VEHICLES ILUEOGALTX PARKED. Whenever
vehicle is illegally parked on a street or highway in violation
of any provision of this Chapter or of this Codc, any re,;ul.arly
employed and salaried police officer of the City or deputy of
the sheriff's office of Riverside County, or member of the
California Highway 'Patrol, r_ay cause such vehicle i;o be im-
pounded, driven or to,,ved away and stored, so long as si;n,s
421
Ordinance No. 914
Page Five
are posted giving notice of the removal. Any reason-
able costs result_na from such impounding, towing or
storage shall be charged to the owner of the vehicle
and to the driver whc committed t-he parking violation.
617-131. 1. Loading zones shall be indicated by yellow pa_n: upon the top
and face of the curb, with black letters "LOADING ONLY"
stenciled or o-therlx4se painted on In- top of the curb.
617-BI. 2 Passenger loading zones shall be indicated by wh_te paint
upon the top and face of the curb, i'th black letters
"PASSENGER LOADING ONLY" stenciled or otherwise
painted on the top of the curb,
G].II-.Ai.. PARriI1NCt PROHIBI7:'ED OR TIME LIMITED ON CERTAIN
STREETS. When authorized signs are in place gig ng
notice thereof, specifying certain parking prohibitions or
time limits', slid prohibitions or time limits to be estab-
lished by ti_,e City Council by resolution, or by the City
Traffic. Engineer pursuant to authority vested in him by
this Chapter, or by the Vehicl-e Code, no person shall
stop, stand, park, or leave standing any vehicle in viola-
tion of any such prohibition or time limit so specified by
the said signs.
SECTIOly' 5. Chapter.63 of the Palm Springs Ordinance Code, relating
Ito passenger carriers, is hereby amended as follows:
A. Except for Sections 6367. 1, 6368, 6369 and 6396, which sections
shall remain in full force and effect, Articles 630, .631, 632, 633,
634, 635, 636, 637, 638 and 639, of said Chapter 63, are repealed.
B. A new Article 630 is added, to read as follows:
ARTICLE 630
GENERAL
6300. FRANCHISE REQUIRED, EXCEPTIONS, No person shall
engage in the business of transporting passengers in a
vehicle or vehicles over the streets of the City, where
such passengers' trips originate from. points within the
City, whether any such Vehicle used is a taxicab, bus,
limousine, automobile for hire, or, other public trans-
portation vehicle, unless such person operating such
business or engaging therein has received afranchise
or contract so to do from the City Council. This section
shall also apply to any business carrying passengers from
a principal point or points of origin outside the City but
which regularly carries 'he passengers over the City streets
as a major portion_ of the journey or journeys. This section
I shall not, however, be deemed applicable to ambulance
services or to any passenger carrier operating pursuant
to express acid specific permission granted by a superior
authorized agency such as the State Public Utilities Com-
mission or the Interstate Commerce Comraissi.on.
SECTION 6. Article 712 of the Palm Springs Ordinance Code is hereby
amended and revised, to read as follows:
4,2�2
Ordinance. No. 914
Page Six
ARTICLE 712
WATER, RUBBISH JN STREETS
7121, SWEEPING AND Wr"_SH1NG OF DEBRIS AND PETROLEUM
PRODUCTS INTO STREET. No person shall wash, sweep
or brush any waste, trash or rubbish, grease, oil or simi-
lar petroleum products from sidewalks, driveways, court
yards, service yards, or service station premises, or
from any private premises, into the public streets, road-
ways, or gutters. Such materials shall be collected in
suitable containers and disposed of as refuse.
7122, PERMITTING WATER TO FLOW INTO STREET. Except-
ing as expressly permitted by Sections 7123. and 7126. ,no
person shall use water upon any sidewalk, driveway, court-
yard, service yard, parkway, lawn or any private premises
Within the City for any purposes, in such a manner that
water is allowed to run into and accumulate in, or flow away
in, the public streets, roadways or gutters.
7123, WASHING OF PAVEMENT ADJOINING STREET. Between
the hours of five and nine o'clock each morning, water may
be used to cleanse paved surfaces of public and private
premis es, provided it is used only in such quantity and with
such pressure necessary to remove dirt or foreign matter
from the paved surfaces; and provided that no grease, oil
or other petroleum products are washed into the public
streets, roadways or gutters,
7124, CAPE IN GzTASHING. In the process of such cleansing a.s I
permitted by Section 7123., ,no person shall 'interfere wii.h
the free and unrestricted passage of pedestrians or vehicles
on the public streets or sidewalks, or cause or allow water
to fall upon such pedestrians or vehicles.
7125, NOTICE TO BAN WATER DURII~TG STREET REPAIR• In
order to provide for the repair and maintenance of public
streets, works and property, the Director of Public Works
is authorized to give written notice to the persons owning
or controlling any premises in the City, either by personal
delivery or by posting upon the premises, providing; for a
specified time, to commence not less than twenty-four (24)
hours after the delivery or posting of the noijee, and to
continue for not more than thirty (30) days in all, during
=✓hich period of time so specified in the notice., ro pe± son
shall cause or allow any water to run into the public streets,
roadways or gutters fro±n the premises specified in the
notice, or the sidewalks, driveways, courtyards, service
yards, parkways or lawns on such premises or adjacent
thereto.
7126, DRAINING OF SWIMMUNG POOLS: PEi:MP11 lifsQUlR'ED,
No person shall drain or permit to be drained, to a public
street, any swimming pool owned or controlled by stich
person, unless and until a permit so to do has peen obtained
from the Director of Public Works. Stich permits shall be
issued upon appropriate application therefor, accompanied
by such fee as may have been prescribed by resohAion of
the City Council, and upon the Public. Works Director
determining that the time and place when and where such
pool draining:; will be allowed will not be dctrirn^ntal to the
public interest or welfare, will not result in any undue
hazard or inconvenience. I the public, and ✓ill riot result
in any damage-to public or private property.
42;3
Ordinance No. 914
Page Seven
SECTION 7. Section 7116. 1 of the Palm Springs Ordinance Code is
hereby a.rnended to read as foliov✓s:
7116, 1 FEE FOR CHANGE IN STREET NUMBER FOR BUILD-
INGS, Any person desiring to have changed the street
number for his building or structure fronting on a
street within the City shall first make application to
the Chief Building Inspector for such change in street
number, and shall pay a fee in such amount as has been
established by resolution of the City Council. The Chief
Building .Inspector shall receive the fee so required and
issue a receipt for same, and process the street nurnber.
change. The Chief Building Inspector• thereupon shall
notify the affected agencies and utilities of the change.
SECTION S. Chapter 73 of the Palm Springs Ordinance Code, the
11 F,y L[Ji ul'li liJ GS llOUSE'I'JO Iv'I;Qfa C%Ii DIIV iiTSCE, " 1S hereby amended
a.s follo'%vs:
A. Wherever in said Chapter 73 the term "Building Department"
or the term "Building Inspector" appears, each such term shall
be a:iiended to read instead: "Chief Building Inspector. "
Fa. Sections 7315, 7316, 7323. 1, and 7332 of said Chapter 73, are
amended to .read as follows:
7315. FILING FEE. There shall be paid to the Chief Building
Inspector at the time of the filing of said application or
I applications, a processing fee or fees in an amount or
amounts as established by resolution of the City Council.
7316, INDEIniNTTY DEPOSIT. There shall be deposited in the
office of the Chief Building Inspector at the time of filing
the application for a permit a sum. of money in such amount
as has been established by resolution of the City Council,
to indemnify the City for the expense of any repair to City
streets, rights-of-way, or other public property, occasion-
ed by the applicant and chargeable to the applicant under
Section 731.8, for each such application. No application
shall be accepted for filing unless accompanied by the
said deposit.
7323, 1 CLEAN UP BOND, In addition to the bond required pur-
suant to Section 7323, an applicant shall post with the City*
a cash bond in an amount to be determiried by the Chief
Building Inspector, not to exceed such maximum arnount as
may have been established by resolution of the City Council,
to insure clean up of debris, concrete, foundations, and
other materials left at the site. This bond shall be required
only of an applicant desiring to niove a building or structure
from a point within the City to a point outside the City limits.
s
7332. INSPECTION FEE. The applicant shall pay to the City an
inspection fee in an amount as established by resolution of i
the City Council, in addition to the fees and deposits herein- [
before mentioned and required in this Chapter.
SECTION 9. Chapter 74 of the Palm Springs Ordinance Code, relating to
certain street closures and vacations which have been accomplished by
app-ropriate City Council action in past years, is hereby deleted from the
Palm Springs Ordinance Code, but the street closures and vacations so
accomplished shall not be deemed by this action to be affected or amended
in any way, and in all respects the City Council actions in connection
therewith shall continue in full force and effect.
Ordinance No. 914
Page Eight
SECTION 10. Chapter 76 of the Palm Springs Ordinance Code, relating
to street name changes, is hereby amended, by amending Sections 1601,
7621, 7681, and 7691 thereof, to read as follows:
7601. PETITION FOR VITIATION OF STREET NAMECHANGE.
Any person may initiate a street name change for any reason
consistent -with law, by complying with the provisions of this
Chapter.
7621. APPLICATION FEE. The application shall be accompanied
by a fee in an amount established by resolution of the City
Council, in order to defray the costs of publishing, post-
ing, and processing, as hereinafter prescribed.
7681, COMMISSION RECOMMENDATION. At or after the conclu-
sion of the hearing, the Commission may make any recorn-
mendation to the City Council which the Commission deems
appropriate. In its deliberations the Commission shall con-
sider any applicable specific plans in effect pursuant to
California Government Code Sections 65^_50 :=t seq.
7691. COUNCIL ACTION. The City Council may, pursuant to
California Government Code Section 34091. 1, take such,
action as it deems appropriate upon the recommendation
of. the Commission, and failure to take action within sixty
(60) days after submission of the Commission's recomutenda-
tion shall be deemed denial of the application.
SECTION It. .Articles 951, 952, 953, 95.4, 955 and 936 of Chapter 95 of
the Palm Springs Ordinance Code, relating to procedures for establishing I
setback lines, and regulations pertaining thereto, are hereby repealed.
Further, the number and title of Article 957 of said Chapter, 95 are hereby
repealed, and Sections 9571, 9571. 1 and 9571. 2 are hereby renumbered to
become Sections 9301. 05, 9301. 06 and 9301. 07, respectively._
SECTION 12. EFFECTIVE DATE. This Ordinance shall be in full force
and effect thirty (30) days after passage.
SECTION 13. PUBLICATION. The City Clerk is hereby ordered and
directed to certify to the passage o, this Ordinance and to cause the same to
be published once in THE DESEET SUN, a daily newspaper of general circu-
lation, printed, published and circulated in the City of Palm Springs, Californ
ADOPTED this 1.3Llldav of December 1971
AXES: Councilmen roster, McCoubrey, Pitts, Purcell and riyor WieCels
NOES: None
ABSENT: More
ATTEST: CITY OF PALM SPRINGS, CALfFOI;1V(A
F. D. ALESL41RE
City CLe-r 4
E l�_e nut,, 'ity C`7eik Mayory, , - -s2 -----�
APPROVED AS TO FORM: CONTENTS APPROVE_ );
/J --
' �/ -(��'
.Cate �� —%� " �� Date
42
I hereby certify that the foregoing Ordinance 914 was duly adopted by the
City Council of the City of Palm Springs in a meeting thereof held on
December 13, 1971, and that same was published in THE DESERT SUN, a
newspaper of general circulation on December 22, 1971.
I Dated this 29th day of December, 1971.
F.D. ALESIIIRE
City Clerk
BY: JUDITH SUMICH
Deputy City Clerk
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